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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41042
Experience:  Texas lawyer for 30 years in Estate law
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In a revocable Living Trust .... Upon the death of x as the

Customer Question

In a revocable Living Trust .... Upon the death of x as the original Trustee, then the successor Trustee shall be XYZ.
The following provisions shall apply
A. With respect to the subtrust created for the benifit of xyz she shall become the SOLE trustee ....meaning SHE is in fact the executor of said Will or Trust having full powers to control all assets real and monetary.
Article 1 Trustors Desires
1.1. Purpose of Trust. The Trustors desire is to establish a trust for the mgmt concervation and eventual disposition of certain of Trustors assets and intends by establishing this trust.
Question : In a situation where we are suppose to share equally and name each other .... Am I being dissed in accordance with this arrangement ? And in fact NOT being maned as executor.?
Submitted: 2 years ago.
Category: Estate Law
Expert:  RayAnswers replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
You need to monitor this situation to make sure you are treated fairly by the executor/trustee sister.
The executor/trustee has a fiduciary duty to you to treat you fairly, to account for funds, etc.She can be removed if this is not occurring.
You also have right here to legally challenge the will and the trust if you feel there was undue influence or the deceased parties lacked mental capacity at time they wrote the will.This is called a will and trust contest.
It may be possible to have the will and trust held to not be valid in which case laws of intestacy give you both equal rights, including right to be appointed administrator under court supervision.
You may want to strongly consider your own lawyer here to challenge the will/trust and make sure your rights are protected.It may be possible to have you added through the courts to co trustee and co executor.That may be ordered by the courts in any such challenge and filing.
Lawyer referral..
Reference to contesting the trust/will here.
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Expert:  RayAnswers replied 2 years ago.
Here are the grounds I referenced above to contest a trust or will--undue influence and lack of capacity are the two big ones ,very common.One party such as your sister has much more influence and take advantage of your parents.This certainly appears intentional to leave you out of decision making and deny you your rights as well.You may want to challenge all of this in court.
Thanks again.If you can leave a positive rating it is always much appreciated.

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