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If a trustee who was named in a trust as primary does not want

 
VAMD, Esq.'s Avatar
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Customer Question

If a trustee who was named in a trust as primary does not want to do it, what actions should be taken? My sister died and no action has been taken on her trust.

 

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State/Country relating to question: Michigan

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nothing has been done and she died in September

Submitted: 327 days and 19 hours ago.
Category: Estate Law
Value: $25
Status: CLOSED
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Expert:  VAMD, Esq. replied327 days and 19 hours ago.

Hello and thank you for allowing me the opportunity to assist you.

I'm unclear whether you're referring back to a question you asked at some other time, or whether this relates to a new question. If this is a new question, please provide some background information and I'll try my best to answer your questions.

Customer replied327 days and 18 hours ago.

It probably was about my sister. Her sons are not doing anything about her estate in anyway but it does affect me in some way. She has stock in our family corp, share in mineral rights on some acreage. THe sons are just not talking to each other and as I said, have done nothing. Also I have her car sitting in my yard that is still in her name? What can I do about that?

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Expert:  VAMD, Esq. replied327 days and 18 hours ago.

Hi again.

If the trustee or executor does not do what he needs to do, then the beneficiaries can request that he remove himself so that somebody else can be appointed. If he refuses to do so voluntarily, then the beneficiaries can file a lawsuit against the trustee/executor and force him to either fulfill his duties, or to appoint somebody else. Obviously, this would not be a small claims court type of lawsuit, so it is highly recommended to retain an attorney if a lawsuit is necessary because the trustee/executor refuses to fulfill his obligations.

If you would like any additional information or need clarification, please do not hesitate to ask!

Also, I strive to be as helpful as possible so that you are satisfied. Accordingly, please remember to give me positive feedback (doing so does not end our discussion). If you feel the need to rate me poorly, please stop and instead of rating me, reply via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue our discussion and do everything that I can to provide you with the service that you seek.

Thank you.

Customer replied327 days and 18 hours ago.

What about the car? Can I do anything?

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Expert:  VAMD, Esq. replied327 days and 18 hours ago.

Hi again.

Since the car is on your private property, you could inform the trustee/executor that you'll have it towed away if it's not removed within X number of days. If he refuses to remove it, then you can have a tow truck come and haul it away to its storage yard. The tow company will then likely begin charging a daily storage fee. If the car is not picked up and the storage fee is not paid, then eventually the tow company will likely sell the vehicle pursuant to a storage lien.

You have no obligation to continue to store the vehicle.

I hope that helps. Please remember to give me a positive rating so that I will receive credit, and please let me know if you need clarification.

 
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