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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2677
Experience:  Litigation Attorney with education focus on estate planning and tax
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My mother had a trust with sizable investments at Merrill

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My mother had a trust with sizable investments at Merrill Lynch When she became incompetent my sister went in and had herself made sole power of attorney even though the trust named us a co-power of attorney. I don't have access to any of the statements since my sister took over last July. My mother died in March and I located her trust and no am being reinstated as co-trustee. What can I do?
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
I'm sitting here waiting for an answer. Thought it was 10 mins. Should I check tomorrow? By then I can call her lawyer.
Expert:  Christopher B, Esq replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

A trustee is responsible for the trustor and also owes the beneficiary a fiduciary duty. A breach of fiduciary duty by the trustee is cause for the beneficiaries to bring civil suit against the trustee for any damages he or she caused those beneficiaries. The trustee has to have caused damages in order for there to be a damage reward by the court. If your sister knowingly ignored the trust instrument then there was a breach in this case. Whether it was enough of a breach to cause damages will have to be ascertained by evidence showing wrongful waste of the trust funds, comingling of assets, etc. What can be done is petitioning the court for your sisters removal as trustee or cotrustee. You need to look at the trust language to see if it addresses this type of situation and if it does then that language will control and any requirements performed. The court will not look kindly on this type of breach of fiduciary duty and you would have good grounds to remove your sister as trustee.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.)

Expert:  Christopher B, Esq replied 1 year ago.

Sorry, I was typing as fast as I could and got the my answer out to you as quickly as possible.

Expert:  Christopher B, Esq replied 1 year ago.
I see you have reviewed my answer, please let me know if you have any further questions and please positively rate my answer if satisfied.
Expert:  Christopher B, Esq replied 1 year ago.
Do you need help with the rating system? We answer these questions with the expectation that our work will be compensated by the site. Without your positive rating that won't happen, so if you could take the extra step and help me out, I would appreciate it. There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.

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