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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41052
Experience:  Texas lawyer for 30 years in Estate law
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I am a trustee of a trust who was denied access to a trustee

Customer Question

I am a trustee of a trust who was denied access to a trustee meeting because I was unable to make the meeting in person, but the trust attorney called me, at my request,and informed me the the other trustees would not allow a "call in" unless permission was granted before the call, so they hung up.
Is this legal under the probate code?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

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

Can you give me more information here,w as the court involved or was this just a meeting with co trustees and trust lawyer, what was the purpose, thanks.

Expert:  RayAnswers replied 1 year ago.

Unless the trust provides otherwise, co-trustees must act unanimously. Refer to Probate Code §§16013 and 15620. However, the trust can allocate

powers unequally between co-trustees. And, in limited circumstances if a co-trustee is unavailable, the remaining co-trustees may act. Refer to Probate Code §15622. If the co-trustees are stalemated on a decision, one or more of the co-trustees can file a Court petition for

instructions. Refer to Probate Code §17200

(b)(6).

A co-trustee can be liable for a breach of duty by a co-trustee. Refer to Probate Code

§§16402

(a)-(b). Thus, if a co-trustee takes an action that the other co-trustee believes is a breach

of duty, the non-breaching co-trustee should consider filing a Court petition under Probate Code

§16420.

Hostility between co-trustees can be a ground for removal of a

trustee. Refer to Probate Code§15642

This certainly might apply to your case since they are not agreeing to include you and work together.

If you were opposed to something here that they did without you have right to petition the court s I set out above and seek removal of other trustees.You have rights to be involved and to involve the Superior Court if you have to here for oversight.

Expert:  RayAnswers replied 1 year ago.

Please follow up with more information be happy to respond with more.I truly appreciate the chance to help you tonight.Thanks.

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