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Hi Im the co trustee of my moms estate and my brother is also

Hi I'm the co trustee...
Hi I'm the co trustee of my moms estate and my brother is also co trustee he pretty much is mishandling the trust I want to be removed 9-26-2012 I wrote a letter and sinned my name asking to remove me he still after 9 months has not done so and is currently mishandling the trust is my letter a legal document what can I do please help me
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Answered in 2 minutes by:
6/19/2013
Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6,516
Experience: Wills, Trusts, Probate & other Estate Matters
Verified

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

The appropriate statute states the following:

TMcJD :

A trustee who has accepted the trust may resign only by one of the following methods:


(a)As provided in the trust instrument.


(b)In the case of a revocable trust, with the consent of the person holding the power to revoke the trust.


(c)In the case of a trust that is not revocable, with the consent of all adult beneficiaries who are receiving or are entitled to receive income under the trust or to receive a distribution of principal if the trust were terminated at the time consent is sought. If a beneficiary has a conservator, the conservator may consent to the trustee's resignation on behalf of the conservatee without obtaining court approval. Without limiting the power of the beneficiary to consent to the trustee's resignation, if the beneficiary has designated an attorney in fact who has the power under the power of attorney to consent to the trustee's resignation, the attorney in fact may consent to the resignation.


(d)Pursuant to a court order obtained on petition by the trustee under Section 17200. The court shall accept the trustee's resignation and may make any orders necessary for the preservation of the trust property, including the appointment of a receiver or a temporary trustee.

TMcJD :

Most trusts do provide a method of resignation. If the document you provided to your brother was consistent with such terms (assuming such terms exist in the trust for which you are trustee), then your resignation was effective according to the trust terms and is a legal document.

TMcJD :

Please let me know if I can provide additional assistance. If not, I would be grateful if you could please leave me a positive rating. I cannot receive credit for my work without your positive rating and that is the sole means of compensation for JustAnswer experts. Thanks!

Customer:

I'm not to sure I understand your answer

TMcJD :

You said you wanted to be removed. The formal term for removing yourself as trustee of a trust is resignation. The law allows you to resign according to the trust terms if the trust terms allow resignation of a trustee. If the trust does not allow resignation of a trustee, then you can only resign if all adult beneficiaries must provide a consent. If all do not consent, then you would need to file an action in court and obtain an order allowing your resignation as trustee.

TMcJD :

Thus, to determine whether the letter you sent your brother asking to be removed as trustee is legally valid as a resignation, you need to review the trust to determine whether it allows resignation. If it does, you need to determine whether your letter complied with the trust requirements in regard to resignation of a trustee.

TMcJD :

If the trust doesn't provide any terms regarding resignation, then the letter you sent your brother has no effect and you must obtain all beneficiaries' consent to resign as trustee.

TMcJD :

IF you cannot obtain all consents, then you will need to retain an attorney to assist you with filing an action to obtain a court order allowing resignation.

Customer:

I don't think that the trust states anything would 1 of the beneficiaries be enough or would both be needed what would they do and how what like have them write a letter.

TMcJD :

No, unfortunately you need all the adult beneficiaries according to the terms of the statute I quoted in my answer above. I wish only one beneficiary's consent was sufficient, but the law requires more. If your brother is a beneficiary and wouldn't consent (or if any other beneficiary wouldn't consent) then you would unfortunately need to obtain an attorney to assist with a court action to obtain a court order allowing you to resign.

Customer:

you see my brother has taking control and I have none I don't want to be accountable.

TMcJD :

Yes, I understand completely your desire to get out of a bad situation. I see that a lot unfortunately and resigning and then possibly taking action against your brother for his wrongful actions is a common plan of action.

Customer:

If my sisters ok me to be removed in a letter would this be enough this has put a mental strain on me

Customer:

I want to be able to remember all of this can I print this is that possible or ok

TMcJD :

If your sister is the only other trustee (other than you), then yes PLUS your resignation. If your brother is also a trustee and does not consent, then your sister's consent is not sufficient by itself.

TMcJD :

Yes, you can print this out.

Customer:

just my brother and I are the co trustees my to sisters are beneficiarys.

Customer:

cant seem to print o well

Customer:

cant make the screen big to get a printed copy can send one to me sorry to be a pain just frustrated and not good with the computer.

TMcJD :

If your sisters are the only beneficiaries then you need ALL sisters to consent per the statute above.

TMcJD :

Try the "file" and "print" command on your web browser.

TMcJD :

IF that doesn't work try just copying and pasting the whole conversation into a word processing document and print that document.

Customer:

yep don't know how.

TMcJD :

To copy use the computer mouse. Just go to the first word (to the left of it). Click the left mouse button and hold that button down while you drag the mouse cursor all the way to the bottom and to the right of the very last work. Then let off that button. Move the cursor over the highlighted area and click the right mouse button. Don't hold it down. A box will come up and you want to click "copy". Then go to a word processing document and right click again. Then click "paste".

Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6,516
Experience: Wills, Trusts, Probate & other Estate Matters
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Category: Estate Law
Satisfied Customers: 6,516
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