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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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I am the executrix mother's estate, since my brother

Customer Question

I am the executrix for my mother's estate, since my brother renunciated. In her will she expresses a desire to make my brother the trustee for my sister's insurance policy. She is an adult and competent. Also in the will, instead of making me the trustee in case of my brother's demise ( or choice not to be trustee), she appointed the lawyer to be the trustee.
Complication: My mother used my brother's lawyer to make up her will and he was there at the time. My brother and my mother created the will together.
1. Does confidentiality apply in this case? Can my brother be asked under oath if he contributed to the terms of the will?
2. Can the lawyer renunciate the role of trustee and if so, can I become her trustee since I am now the executrix. I want to be able to give my sister her inheritance outright. She is over 70, of sound mind, and think she should get it.
Submitted: 2 years ago.
Category: Estate Law
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
Can you provide me a bit more information? What does the trust agreement provide regarding distributions of the trust assets (i.e., the insurance proceeds) to your sister? Also, if the lawyer were to resign as trustee, does the trust agreement specify another successor trustee? If not, does the trust agreement provide a procedure for a selecting a successor trustee? Thanks.