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  • Writer's pictureAdam Eberts

The trustee is not doing anything, and I need my money

Sometimes, people are appointed as trustee who just shouldn’t be.

In this case, our client’s late husband was settlor of two trusts: one with he and our client, and one of his own. As for his own trust, he wanted to make sure that our client had the income to live off of, but that the remainder would go to some family members, including an out of state nephew. Unfortunately, when it came time for the nephew to act, he didn’t. At all. He wasn’t collecting rents, maintaining properties, or cutting any checks to our client. But, he did not want to step down as trustee either. So, we were forced to file a petition to have him removed. And, his attorneys—who are a long-standing, big firm in town, and who also told our client that they were representing and looking out for her before she hired us—strenuously opposed the petition, doing all they could to delay, delay, delay…

Finally, our client got her day in court. The trustee was removed. And, the Court ordered the (now former) trustee to pay our client’s attorney fees from his inheritance.

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