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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116780
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was tricked into agreeing to add trustees to my special

Customer Question

I was tricked into agreeing to add trustees to my special trust, originally it was just my mother but a few years ago the other trustees (of the main family trust), wanted to add themselves to my sub trust in my name, I didn't know why but I'm currently being evicted from my home by the trustees and my mother wants nothing to do with it, it's the decision of the other guys. I'm pretty sure that they didn't have the authority to add themselves to my special trust, that's why they had me sign something that added them. I can prove that in being evicted in retaliation for suing them for a separate case of estate fraud. It turns out, they knew that I might become a problem back when they added themselves and it seems obvious that they did so just so they could evict me today. What does the law say about adding trustees if the beneficiary agrees? Does it say anything about a change to s trust like this that was done with ill intent? There is no doubt that they will pull out the form I signed adding them but they can't eclectic to use it in good faith.
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the beneficiary agrees to change or add trustees, that agreement is binding UNLESS 1) the trust document itself prohibits it or 2) they committed fraud in coercing the beneficiary to sign agreeing. So you have to prove they committed fraud to coerce you to sign agreeing to the modification. If you cannot prove that fraud specifically, then the appointment of the new trustees would have to be upheld.
Customer: replied 11 months ago.
The trust doesn't specifically say they can't be added to my trust but it doesn't say they can. It does lay out who is to be the trustee and it only says my mother. Would that be enough?
Expert:  Law Educator, Esq. replied 11 months ago.

No, I am afraid that if the trust does not say they CANNOT be added, then the trustees could be added.

Customer: replied 11 months ago.
Sorry for the delay, since it doesn't say they "can't" be added then I'm assuming that's why they needed me to sign a conscent form adding them right? What if I can prove that they added themselves four years ago just so they could evict me today. It seems far fetched but at the same time they did it, they also deleted the "health, education, maintenance, and support" from my trust and forged my signature on the notification for that amendment. They then inserted "abdolute and sole discretion" in its place. They can't expect to evict me and use those changes in good faith, what can I do? The eviction is only two weeks away and I've heard that sometimes a court can assign a temporary trustee pending the outcome of a trial... I do have the bigger case that has t even started yet, I just served that petition a few weeks ago but am in between lawyers at the moment, is there some way that I could file a motion to request that a temporary trustee steps in?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.

If it does not say they cannot be added, then you would need a consent form to add them onto the trust. If they added them before without your consent, then you can file in court to seek to get them removed since they committed fraud and forged your signature. So, in order to avoid the eviction, you need to get yourself an attorney and take them to court to remove them for fraud and you need to move on this fairly quickly so you can stop them from evicting you.

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