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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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My mother amended family trust by a handwritten, dated,

Customer Question

My mother amended family trust by a handwritten , dated, signed, notarized , while she was trustee and in normal mental acuity.
My brother, trustee per original trust, will not recognize amendment because it takes away assets from him and gives them to me, as far back as five years ago.
The attorney I hired said amendments are valid, but has yet to file them with the court!
How can I get this done on my own, to file amendments with court?
Submitted: 3 months ago.
Category: Estate Law
Expert:  Loren replied 3 months ago.

Good day. I am Loren, a licensed attorney, and I look forward to assisting you.

Who told you that the trust needed to be filed with the court? A trust is not like a last will, which is a public record, when admitted to probate. A trust is a private document, unlike a last will, and you need to file suit against the trustee for violating the terms of the trust and breaching the fiduciary duty owed by the trustee.

Expert:  Loren replied 3 months ago.

These sorts of suits are filed in probate court. Are you thinking of proceeding pro se? Why is your attorney dragging his feet?

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