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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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Can i take over the testementary irrevocable trust that was

Customer Question

Can i take over the testementary irrevocable trust that was set up for my brother whom has cerebral palsey and is married from the trustee whom i beleive is a crook in seattle washington. The yearly reports have been ok untill this past year where it has lost over $99,000 . The supposed wife is being paid 20,000 a year from the trust a companion is being paid 20,000 a year and the assisted care home is bei g paid 33,000 a year. The trustee pays himself 10,000 a year and all accounts have suspicious withdrawals with no names or accou t numbers. The trustee does not let me communicate with my brother and insists that all correspondence with him be routed through guardianship services of seattle of whom he is the founder. If your only answer is that it is hard to prove the trustee is doing wrong and would have to get a court to decide and rarely do they sucseed. I am waisting yours and my time.
Submitted: 8 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
We can only tell you what the law in Texas provides for replacing a trustee on trusts. So, if you do not want to hear that, based on your last sentence, I am sorry as we cannot change what the law and the courts require for you to take over the trust. If you do not want to hear that, then just do not reply and the question will close.
Customer: replied 8 months ago.
This pertains to seattle washington law
JA: The Estate Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: I want to take the trustees place as i do not like the way he is handling the estate or trust as you have it.
JA: OK. The Estate Lawyer will need to help you with this. Anything else I can tell the Estate Lawyer before I connect you two?
Customer: It is a testamentary irrevocable trust set up to take care ofmy younger brother who has cerebral palsey. The firm that handlef my mothers will and estate hired s company in canada for the express reason of letting the probate period expire so i couldnt contest it. I found out 4 months aftet the probate petiod had started. I hired an attorney inseattle and they wanted the will .I srnt it to them only to find out latrt they had ties to the trustee. Every step of the eay has been red flags . they lied about his whereabouts and it continues to bother me not having spoken to my brother at all
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and connect you two.
Expert:  Law Educator, Esq. replied 8 months ago.
You said above you were in Texas:
" Can i take over the testementary irrevocable trust that was set up for my brother whom has cerebral palsey and is married from the trustee whom i beleive is a crook in seattle washington. The yearly reports have been ok untill this past year where it has lost over $99,000 . The supposed wife is being paid 20,000 a year from the trust a companion is being paid 20,000 a year and the assisted care home is bei g paid 33,000 a year. The trustee pays himself 10,000 a year and all accounts have suspicious withdrawals with no names or accou t numbers. The trustee does not let me communicate with my brother and insists that all correspondence with him be routed through guardianship services of seattle of whom he is the founder. If your only answer is that it is hard to prove the trustee is doing wrong and would have to get a court to decide and rarely do they sucseed. I am waisting yours and my time.
Optional Information:
Country relating to Question: United States
State (if USA): Texas"
So, you need WA law, that is fine, but you still did not answer my question. You say if our only answer is proving the trustee is committing some breach you do not want to hear it, but we can only tell you what the WA law provides regarding removal of a trustee and we cannot make it say something other than what it says, which is likely going to be what you do not want to hear.

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