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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41643
Experience:  Texas lawyer for 30 years in Estate law
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Father left trust ny brother is executor. Set up that i get

Customer Question

Father left trust ny brother is executor. Set up that i get income from a 1\2 procreds farm and my bro and his son (grandson split 1\4 each. I live in home (paid for) but pay taxes, upkeep , and insurance. When i die it and farm go to ny great niece and so ends with her i assum her dad my nephew will reap benefits also. So i have dobe quite a bit if home improvement in last few minths and now going to buy new furnuture. Want to get rid of old things. Just give to mission ir whatever. My nephew says i must keep everything. Surely i will not be forces to store this stuff. If he wants it cine get t. I am making home better. Nuce home just needed some upkeep. So first am i obligated to stire things that are old and outdated? Second can my dafs lawyer talk to me about any of thus or obly the trustee. I am fathers only child ny blood. I have never even seen the trust nir do u kniw where ut is
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you tonight.

No you are not obligated to store all of this.Simply advise the trustee if they want it they have 30 days here to come and get it if they want it otherwise you donate it to charity.

You should consider your own lawyer to protect your interests.Your lawyer can demand copy of trust and other information and take this to court if necessary.You have rights here as a beneficiary.

You have rights and should pursue them with a lawyer here locally if necessary.Trustee can be removed by courts for failure to act fairly and communicate with you here.

I appreciate the chance to help you today.Thanks again.

Expert:  RayAnswers replied 1 year ago.

Removal of trustee.

456.7-706. 1. The settlor, a cotrustee, or a qualified beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.

2. The court may remove a trustee if:

(1) the trustee has committed a serious breach of trust;

(2) lack of cooperation among cotrustees substantially impairs the administration of the trust;

(3) because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or

(4) the trustee has substantially and materially reduced the level of services provided to that trust and has failed to reinstate a substantially equivalent level of services within ninety days after receipt of notice by the settlor, a cotrustee, or a qualified beneficiary or removal is requested by all of the qualified beneficiaries and in either such case the party seeking removal establishes to the court that:

(a) removal of the trustee best serves the interests of all of the beneficiaries;

(b) removal of the trustee is not inconsistent with a material purpose of the trust; and

(c) a suitable cotrustee or successor trustee is available and willing to serve.

3. In an action to remove a trustee under subdivision (4) of subsection 2 of this section, the following apply:

(1) In the event that a corporation is the trustee being removed, a suitable replacement cotrustee or successor trustee shall be another corporation qualified to conduct trust business in this state.

(2) In the event that a successor trustee is not appointed under the provisions of section 456.7-704 or the court finds that all potential successor trustees are not suitable, then the court may appoint such trustee or trustees as the court finds suitable under the circumstances.

(3) With respect to a trust created under an instrument executed before January 1, 2005, the provisions of subdivision (4) of subsection 2 of this section shall not apply if the instrument contains any procedures concerning removal of any trustee.

4. Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under subsection 2 of section ***-**-**** as may be necessary to protect the trust property or the interests of the beneficiaries.

Expert:  RayAnswers replied 1 year ago.

Lawyer referral to file suit here.

You are not required to store old furniture here , you can demand they remove it or you will by giving them 30 day notice and donate it if you have too to get rid of it.

I appreciate the chance to help you , sorry you are having to go through this.Thanks again.