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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42828
Experience:  Texas lawyer for 30 years in Estate law
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I live in oregon and most recently my mother passed away an

Customer Question

I live in oregon and most recently my mother passed away an left a family trust , my sister an brother in law are the executor,my brother an I are beneficiaries ,so what happen next ?
JA: What documents or supporting evidence do you have?
Customer: my brother law sister wont give me a copy of the trust
JA: Anything else you want the lawyer to know before I connect you?
Customer: cant think of anything of hand
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  RayAnswers replied 1 year ago.

You may want to consider your own lawyer to make demand for copy of trust and if necessary seek to remove the trustee based on failure to communicate. As a beneficiary you have rights here to know what all is involved and an accounting of funds spent by the trust.

If the trustees are uncooperative you may need your lawyer to intervene in the courts and force resolution and removal as well as accountability.

The problem with trusts unlike wills is that the courts normally are not involved until a beneficiary seeks to involve them.You are going to need a lawyer to pursue all of this where the trust was written.

I am sorry for your loss here and the lack of trustee communication.

I appreciate the chance to help you let me know if you have more follow up.

Expert:  RayAnswers replied 1 year ago.

Oregon Trust Code which governs.

Expert:  RayAnswers replied 1 year ago.

§ 130.625¹

UTC 706. Removal of trustee

(1) The settlor, a cotrustee or a beneficiary may request that a court remove a trustee, or a trustee may be removed by a court on its own motion.

(2) A court may remove a trustee if the court finds:

(a) The trustee has committed a serious breach of trust;

(b) Lack of cooperation among cotrustees substantially impairs the administration of the trust;

(c) Removal of the trustee best serves the interests of the beneficiaries because the trustee is unfit or unwilling, or has persistently failed to administer the trust effectively; or

(d) Removal of the trustee best serves the interests of all of the beneficiaries and:

(A) There has been a substantial change of circumstances or removal has been requested by all of the qualified beneficiaries;

(B) A suitable cotrustee or successor trustee is available; and

(C) The trustee fails to establish by clear and convincing evidence that removal is inconsistent with a material purpose of the trust.

(3) 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 ORS 130.800 (UTC 1001.

Expert:  RayAnswers replied 1 year ago.

Lawyer referral in case you need to seek removal of trustee.

call the Lawyer Referral Service from 8 a.m. to 5 p.m., Monday through Friday, at(###) ###-####in Portland, or toll-free elsewhere in Oregon at(###) ###-####