How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas McJD Your Own Question

Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6514
Experience:  Wills, Trusts, Probate & other Estate Matters
19305272
Type Your Estate Law Question Here...
Thomas McJD is online now
A new question is answered every 9 seconds

Hi Im the co trustee of my moms estate and my brother is also

Resolved Question:

Hi I'm the co trustee of my moms estate and my brother is also co trustee he pretty much is mishandling the trust I want to be removed 9-26-2012 I wrote a letter and sinned my name asking to remove me he still after 9 months has not done so and is currently mishandling the trust is my letter a legal document what can I do please help me
Submitted: 1 year ago.
Category: Estate Law
Expert:  Thomas McJD replied 1 year ago.

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

The appropriate statute states the following:

TMcJD :

A trustee who has accepted the trust may resign only by one of the following methods:


(a)As provided in the trust instrument.


(b)In the case of a revocable trust, with the consent of the person holding the power to revoke the trust.


(c)In the case of a trust that is not revocable, with the consent of all adult beneficiaries who are receiving or are entitled to receive income under the trust or to receive a distribution of principal if the trust were terminated at the time consent is sought. If a beneficiary has a conservator, the conservator may consent to the trustee's resignation on behalf of the conservatee without obtaining court approval. Without limiting the power of the beneficiary to consent to the trustee's resignation, if the beneficiary has designated an attorney in fact who has the power under the power of attorney to consent to the trustee's resignation, the attorney in fact may consent to the resignation.


(d)Pursuant to a court order obtained on petition by the trustee under Section 17200. The court shall accept the trustee's resignation and may make any orders necessary for the preservation of the trust property, including the appointment of a receiver or a temporary trustee.

TMcJD :

Most trusts do provide a method of resignation. If the document you provided to your brother was consistent with such terms (assuming such terms exist in the trust for which you are trustee), then your resignation was effective according to the trust terms and is a legal document.

TMcJD :

Please let me know if I can provide additional assistance. If not, I would be grateful if you could please leave me a positive rating. I cannot receive credit for my work without your positive rating and that is the sole means of compensation for JustAnswer experts. Thanks!

Customer:

I'm not to sure I understand your answer

TMcJD :

You said you wanted to be removed. The formal term for removing yourself as trustee of a trust is resignation. The law allows you to resign according to the trust terms if the trust terms allow resignation of a trustee. If the trust does not allow resignation of a trustee, then you can only resign if all adult beneficiaries must provide a consent. If all do not consent, then you would need to file an action in court and obtain an order allowing your resignation as trustee.

TMcJD :

Thus, to determine whether the letter you sent your brother asking to be removed as trustee is legally valid as a resignation, you need to review the trust to determine whether it allows resignation. If it does, you need to determine whether your letter complied with the trust requirements in regard to resignation of a trustee.

TMcJD :

If the trust doesn't provide any terms regarding resignation, then the letter you sent your brother has no effect and you must obtain all beneficiaries' consent to resign as trustee.

TMcJD :

IF you cannot obtain all consents, then you will need to retain an attorney to assist you with filing an action to obtain a court order allowing resignation.

Customer:

I don't think that the trust states anything would 1 of the beneficiaries be enough or would both be needed what would they do and how what like have them write a letter.

TMcJD :

No, unfortunately you need all the adult beneficiaries according to the terms of the statute I quoted in my answer above. I wish only one beneficiary's consent was sufficient, but the law requires more. If your brother is a beneficiary and wouldn't consent (or if any other beneficiary wouldn't consent) then you would unfortunately need to obtain an attorney to assist with a court action to obtain a court order allowing you to resign.

Customer:

you see my brother has taking control and I have none I don't want to be accountable.

TMcJD :

Yes, I understand completely your desire to get out of a bad situation. I see that a lot unfortunately and resigning and then possibly taking action against your brother for his wrongful actions is a common plan of action.

Customer:

If my sisters ok me to be removed in a letter would this be enough this has put a mental strain on me

Customer:

I want to be able to remember all of this can I print this is that possible or ok

TMcJD :

If your sister is the only other trustee (other than you), then yes PLUS your resignation. If your brother is also a trustee and does not consent, then your sister's consent is not sufficient by itself.

TMcJD :

Yes, you can print this out.

Customer:

just my brother and I are the co trustees my to sisters are beneficiarys.

Customer:

cant seem to print o well

Customer:

cant make the screen big to get a printed copy can send one to me sorry to be a pain just frustrated and not good with the computer.

TMcJD :

If your sisters are the only beneficiaries then you need ALL sisters to consent per the statute above.

TMcJD :

Try the "file" and "print" command on your web browser.

TMcJD :

IF that doesn't work try just copying and pasting the whole conversation into a word processing document and print that document.

Customer:

yep don't know how.

TMcJD :

To copy use the computer mouse. Just go to the first word (to the left of it). Click the left mouse button and hold that button down while you drag the mouse cursor all the way to the bottom and to the right of the very last work. Then let off that button. Move the cursor over the highlighted area and click the right mouse button. Don't hold it down. A box will come up and you want to click "copy". Then go to a word processing document and right click again. Then click "paste".

Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6514
Experience: Wills, Trusts, Probate & other Estate Matters
Thomas McJD and other Estate Law Specialists are ready to help you
Expert:  Thomas McJD replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.