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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My father in law passed May 7th,09, I was POA and Director

Customer Question

My father in law passed May 7th,09, I was POA and Director of his health matters,when he became incompetentant. After passing I find out that my father in laws trust he named myself co-trustee, along with sister in law. My sister in law has pushed me out of the loop of things, plus she said we didn't have to do anything at the bank where there is a money market savings which has my father in law, her name, and POD my husband and myself. The bank doesn't know he passed and no death certificate has been given to them. I have been threatened by non heirs, and there is a clause that from time to time co trustee's can pay themselves for services., which I was just told I will receive nothing since I wisseled in on their family matters, disowned me, I know something isn't right the money market savings is still in dead father in laws name, and checking account also, which sister in law moves monies to checking to pay whatever. Is there a legal problem here I can get help
Submitted: 7 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 7 years ago.
Wow. There are many problems here.

As a co-trustee, you have the responsibility to CLOSE the trust (if it is a testamentary trust) and begin probate for his other assets. You owe a fiduciary duty (as does the other co-trustee) to move the funds either into the trust or into the estate of the father in law, and begin to consolidate his assets. You are also entitled to compensation if the trust so specifies, but you must first begin placing the monies from the bank into the trust. If the other co-trustee is not providing you with access, you may well have to retain an attorney who specializes in probate, estate, and trust matters, and possibly place a motion in front of the judge, accuse the other person of breach of fiduciary duty and possibly fraud, forgery and misrepresentation, and attempt to remove her as trustee.


Dimitry Alexander Kaplun, Esq.

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