Estate Law Questions? Ask an Estate Lawyer.
Dear JACUSTOMER - I cannot analyze the validity of the trust document from here but if the trustee is not acting properly in carrying out the fiduciary duties to the trust then you can file an action in the local court to have the trustee removed and replaced by another trustee. While the trust may be valid and unable to be broken that doesn't mean the trustee can do whatever he pleases with the trust or not act in the best interests of the beneficiaries. You can also file an ethics complaint with the Bar Association for attorney misconduct if the attorney is not responding and neglecting the trust. Since the trust a separate entity and you all are beneficiaries then the trustee owes a fiduciary duty to all of you and not just the executor. Here is the website for the Bar Association.
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