Q: My brother named me as trustee of his estate. Am I required to act as his trustee or responsible for any of his debts?
His house is being foreclosed on. I have no interest in his estate. He is divorced so neither does his ex-wife and his only son is a minor. His mortgage company and the county court keep sending me foreclosure documents and demand payment of his mortgage. I sent his son's attorney a letter asking to be removed as trustee and relinquish all rights and responsibilities as such. I never agreed to being named trustee of his estate. What am I legally required to do and am I legally personally responsible for anything regarding my deceased brother's estate?
A: You are not required to accept the duties and obligations of trustee. To the extent that you have accepted the duties and wish to resign, I recommend obtaining counsel.
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