Hello: The trust is governed by Nebraska statutes, not common law. The trustee has to account to heirs according to state law. Nebraska has adopted the Uniform Trust Code which contains provisions for keeping beneficiaries informed: http://www.redressright.org/pdf/Uniform%20Trust%20Code%20utc.pdf See: Section 813 on page 22. State statutory provisions such as these will generally override provisions of the trust itself on "keeping beneficiaries informed". I can't imagine any trust having a provision that says the trustee shall not keep beneficiaries informed.
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This unusual trust provision might (I suspect) have been used because the settlor wanted a particular group of beneficiaries to have control, and the trustee knows who they are. Might this be a first and second family situation? Also, the NB UTC was adopted in July 2005, so if the trust is dated prior to that, the UTC doesn't apply. If you want to try to find case law on this narrow of a subject, you will need research by a NB attorney.
Offhand, I would say that you will have to wait and see what the trustee does or doesn't do and if your interest as a beneficiary is somehow prejudiced by that, you will have to prove that the statute trumps the trust provisions under those circumstances. There is nothing that you can do in advance of the trustee acting on the notice provisions of the trust.
He could have simply named your brother as the successor trustee. Since he controls a majority vote anyway, the provision calling for notice only being given to a majority makes no sense. Why not give everyone notice, but require a majority vote? It might be hard to understand but that doesn't necessarily invalidate it.
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