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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 32324
Experience:  Estate Law Expert
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How does a trustee stop other trustees from doing something?

Customer Question

How does a trustee stop other trustees from doing something? There are 5 trustees of m grandfathers trust, my mother is one of them. I'm being evicted by the four other trustees (they are all business partners and one in particular calls all the shots),
but my mother wants them to stop. I know we hold one trustee accountable for the actions of all but how can they be stopped? Specifically? Who do you call?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

There is no one you can call and no government agency which has control over trusts.

Almost everything that happens in a trust is either controlled by 1) the specific terms of the trust or 2) an order of a court of jurisdiction. In a situation like you're describing I've never seen a trust document provide a method by which a minority number of trustees can overrule a majority number of trustees so your only option would be to file an action with the court asking the court to issue orders preventing the other trustees from doing whatever actions you believe are inappropriate or unlawful.

If your question has been answered completely then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating (of course I’d suggest Excellent!) so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.

Customer: replied 1 year ago.
Thanks, ***** ***** about the no contest clause... They have already warned me that the moment I file suit I'm cut off. I'm not exaggerating, they've already told my mother that I shouldn't ever expect to receive any benefits again, simply because I threatened to sue them. I know that I can present my case to a Missouri court before I actually file to see if I will be in violation of the clause but what if the trust is gone by that time? I have no documentation for the last two years and have reason to believe that these guys have already moved assets around.
Expert:  Dwayne B. replied 1 year ago.

You need to take the paperwork to a lawyer and let them look it over. Many of the no contest clauses aren't valid and, in addition, if you challenge and win then the no contest clause can't be enforced. They also can't cut you off just for threatening them.

Usually no contest clauses just prevent you challenging the trust itself, not the actions of the trustees if they are acting improperly.

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