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I am a qualified beneficiary of a trust (two actually, one…

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I am a qualified...

I am a qualified beneficiary of a trust (two actually, one for each of my parents) where my mother passed in 2014 and a sibling became the trustee. he problem is the trustee has committed numerous breaches of trust. He has failed to provide requested information, failed to respond to clarification questions about accounting discrepancies in the 2015 annual report, and has yet to provide the 2016 annual report. Is there anything I can do to get him to do his job, short of litigation? Are these breaches serious enough to get him removed as trustee?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

The trust is is Maryland, but I live in North Carolina.

Lawyer's Assistant: What documents or supporting evidence do you have?

Trust document, execution instructions, Annual reports and emails.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No distributions have been made to me or other beneficiaries from the trust, only taxes paid on the income. Trustee lives in North Carolina and is administrated the trust from there, even though I, as a beneficiary, has never approved the transfer of administration to NC.

Submitted: 7 months ago.Category: Estate Law
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11/29/2017
Estate Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 125,785
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, you hit the nail on the head and you want to avoid it. IF you have made your demands for the information he is required to provide and he still refuses to produce it, then there is nothing short of litigation to remove him as trustee, for failure or inability to perform the duties required of him as trustee. If a trustee is unwilling or unable to perform duties, or if an accounting finds the financial discrepancies are indeed through his intent or negligence, you can indeed get him removed.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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