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our mother had a trust but my oldest brother some how pulled

 
Irwin Law's Avatar
  • Answered by:Irwin Law
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our mother had a trust but my oldest brother some how pulled a old will that had him controlling everything and our mother didnt want that. my question is- can my sister,my other brother and i vote my oldest brother out due to him not handeling everything the right way. not keeping us up on what hes doing before he does things.

 

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State/Country relating to question: California

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Submitted: 253 days and 19 hours ago.
Category: Estate Law
Value: $25
Status: CLOSED

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Expert:  Irwin Law replied 253 days and 18 hours ago.

A will and a trust are two different things, and they operate differently. One, the Will is administered in an estate that is supervised by the court. The Trust is handled by the trustee. The beneficiaries can take the trustee to court to account for his actions, and the court can replace him if he has not performed properly. So you and the other beneficiaries cannot vote him out, but you can ask the judge to do that for you. You will need the assistance of an attorney to accomplish that.

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Category: Estate Law
Pos. Feedback: 95.5 %
Accepts: 1459
Answered: 8/3/2012

Experience: 30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters

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