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Infolawyer
Infolawyer, Attorney
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In 1991, my grandmother made her daughter the trustee over

Resolved Question:

In 1991, my grandmother made her daughter the trustee over land that was supposed to be kept in the family. In 1996, my grandmother died and our aunt has not been willing to share information with others. In 2001, my mother passed, and her seven children feel we are entitled to her portion of the property. The problem is that when everything was set up, my grandmother asked that I be placed as the alternate being that she felt I would honor her wishes. After the papers had been drawn up and signed, I noticed that my name was not on the documents. I bought it to my aunt's attention who did nothing to correct the problem and she indicated that was was not willing to pay for the modification of such. I told her that I would. Again, nothing has been done. In 2011, along with my uncle, we were informed that possibly the land was being used by a hunting club and that access to the land has been blocked by a gate being erected and denying us access to our property. Due to the conflict created by my aunt in not wanting to provide documentation to show where things are at, such as the upkeep of the taxes and other concerns, we all are wondering what we can do in which to get her to be more cooperative in providing information.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Infolawyer replied 1 year ago.

INFOLAWYER :

Hello and thank you for the question. I am sorry to read of this dilemma.

INFOLAWYER :

There are a few ways of securing better cooperation

INFOLAWYER :

Typically, a lawyer letter demanding a meeting and disclosure with a firm deadline helps accomplish this as she wont want exposure to being taken to court.

INFOLAWYER :

Secondly, legal action may be filed and she may ordered and compelled by the judge to appear, explain finances, disclose documents

INFOLAWYER :

If she has breached her duty of care, she may be sanctioned and removed, and even held personally liable

INFOLAWYER :

Please let me know if that is clear and acceptable.

Customer:

Thank you for providing the various course of actions that we can take. It is our hope not to add additional financial expense on anyone in the family. Yes, your information was clear and acceptable. However, there still remain the gate issue which was erected by a timber company to keep everyone out of the area. On my visit to the area, we learned that there used to be a road leading back to our property and a cemetery which is about to receive a "Historical site" which is also family owned which we cannot get to unless we go through the church, which does have access to go through the gates.

INFOLAWYER :

Very welcome

INFOLAWYER :

The gate issue can be resolved by negotiation

INFOLAWYER :

there should be easement and facility to enter and exit as needed without resort to court

INFOLAWYER :

Have a nice weekend

INFOLAWYER :

Kindly click on an excellent rating for the answer.

Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 51103
Experience: Licensed attorney helping individuals and businesses.
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