Q: i inherit a joint revocable trust from my parents and im the only trustee can my brothers take me to court to take it
can they claim ownership? can i get removed even tho its an irrivocable trust ?
A: A trustee and a beneficiary are not the same thing. You can be both the trustee and a beneficiary or there can be one or multiple beneficiaries and this may not include the trustee. A trustee is responsible for managing the trust. A beneficiary is the person(s) who will receive the assets of the trust. You need to look at the trust documents to determine who benefits from the trust.
A:
In a joint revocable trust where you are the sole trustee after inheriting it from your parents, your brothers generally cannot successfully take you to court to claim ownership or remove you as the trustee, assuming the following conditions are met:
1. The trust was properly created and funded by your parents.
2. The terms of the trust clearly state that you are the sole trustee and beneficiary after your parents' passing.
3. The trust was not created under undue influence, duress, or lack of mental capacity.
4. You are managing the trust according to its terms and not breaching your fiduciary duties.
However, it's important to note that you mentioned the trust is irrevocable in your second question, which contradicts the joint revocable trust mentioned initially. If the trust is indeed irrevocable, it means that the terms of the trust cannot be changed, and the trustee can only be removed under specific circumstances outlined in the trust document or by a court order if the trustee is not fulfilling their duties or is acting against the interests of the beneficiaries.
If your brothers believe that you are not managing the trust properly or are violating the terms of the trust, they may try to take legal action. However, the outcome of such a case would depend on the specific terms of the trust and the evidence presented.
To protect yourself and the trust, ensure that you are adhering to the trust's terms, keeping accurate records, and fulfilling your fiduciary duties as the trustee. If your brothers take legal action, it's advisable to consult with an experienced trust and estate attorney to defend your position and the integrity of the trust.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
