Estate Law Questions? Ask an Estate Lawyer.
Thanks for your questions today. Let's go through them here.You may want to consider a local PA lawyer to try and block this.Unless the trust permits this the trustee here may be violating their fiduciary duties towards you and the trust.It makes good sense here to fight this in PA and prevent it if possible.I would suggest you consider your own lawyer here in PA to demand copies of both trust documents.The lawyer can then review them to see if they are violating the terms of the trust.In this situation a you may have a valid civil suit to block the merger.Alternatively you can file a civil suit can also seek to remove the trustee if the trustee here has violated his fiduciary duties to you and the estate of the trust.Overall your lawyer can seek more information and then take legal action to protect your rights as beneficiary here..
As a beneficiary you have the right to file such a lawsuit if the trustee here has violated his fiduciary duties to you in these matters and others you may discover through your lawyer and discovery of documents.PA law here permits such suits to challenge a trustee and keep them from relocating the trust.§ 7766. Removal of trustee- UTC 706.
(a) Request to remove trustee; court authority.--The settlor, a cotrustee or a beneficiary may request the court to remove a trustee or a trustee may be removed by the court on its own initiative.
(b) When court may remove trustee.--The court may remove a trustee if it finds that removal of the trustee best serves the interests of the beneficiaries of the trust and is not inconsistent with a material purpose of the trust, a suitable cotrustee or successor trustee is available and:
(1) the trustee has committed a serious breach of trust;
(2) lack of cooperation among cotrustees substantially impairs the administration of the trust;
(3) the trustee has not effectively administered the trust because of the trustee's unfitness, unwillingness or persistent failures; or
(4) there has been a substantial change of circumstances.
(c) Court remedies.--Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order appropriate relief under section 7781(b) (relating to remedies for breach of trust - UTC 1001) as may be necessary to protect the trust property or the interests of the beneficiaries.
(d) Procedure.--The procedure for removal and discharge of a trustee and the effect of removal and discharge shall be the same as that set forth in sections 3183 (relating to procedure for and effect of removal) and 3184 (relating to discharge of
personal representative and surety).
You can locate a local lawyer to protect you here.http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=PAYour lawyer would seek to keep the trust here in PA and removal of trustee and other remedies on your behalf..The trustee here may not be following the terms of the trust and may not be acting in your best interests.You have valid reasons here ot be concerned and to contest this matter in court.Please use the lawyer referral here to find a local PA lawyer that can protect you here.You may have great facts to do so.
I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.
This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).