Asked in Probate, Estate Planning and Elder Law for Montana

Q: Can my brother as personal rep override my trustee role?

I was originally listed as the executor of my mother's estate, and her elder law attorney indicated that probate might not be necessary, leading me not to enter the will into probate court initially. My brother later went to court and had himself appointed as the personal representative of the estate. I am the successor trustee of her bank trust, which includes various accounts and a refund check from her retirement community. Before her death, my mother signed over her trustee responsibilities to me, aside from the will, which as explained by the bank, talks to the trust, but not vice versa. I was in communication with my brother regarding the status of the estate until January, informing him that I was awaiting some final items like the reimbursement check and tax documents to complete my trustee duties, which include paying debts and dividing the trust assets equally. Last week, I unexpectedly received documents from his attorney appointing him as the personal representative. While I have fully cooperated with his attorney's requests for documents, including the trust document, I haven't heard from my brother in two days and am concerned he might be seeking a way to override or take over my role as trustee. The trust document doesn't limit my trustee responsibilities or mention the personal representative. Can he use his role as personal representative to assume control over the trustee position as well?

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