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Hi, My father dies over 2 years ago and my bother is the

 
David Kennett's Avatar
  • Answered by:David Kennett
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Hi,

My father dies over 2 years ago and my bother is the trsutee for the trust. He is an alcoholic. There is a empty house as part of the trust. I just found out he has not been paying the taxes and the insurance has lapped. I lawyer for the trust does not believe he is capable of manging the trust. My sister and step mom will be paid once the estate is liquidated. Any insight would be great. The trust is in IL.

 

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State/Country relating to question: Illinois

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Submitted: 351 days and 22 hours ago.
Category: Estate Law
Value: $30
Status: CLOSED

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Expert:  David Kennett replied 351 days and 22 hours ago.

Dear JACUSTOMER - The only thing I can suggest is to file a suit to have your brother removed as trustee due to dereliction of duty. This would be standard procedure in any situation where a fiduciary is not performing in the best interest of the a beneficiary in an estate or a trust or as power of attorney. So the first step is to have your brother removed and have a new trustee appointed by the court.

Expert TypeAttorney
Category: Estate Law
Pos. Feedback: 98.2 %
Accepts: 3473
Answered: 5/7/2012

Experience: 25 years practicing attorney

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