QUESTION
What should I do about my father's trust which my brother wants to get back?
Asked on Oct 12th, 2013 on Estate Planning - California
More details to this question:
My dad made me trustee of his trust. My brother use to be. I received a 30 day notice to surrender the house or they will serve me with a legal one. My brother hired my dads old attorney he fired years ago. Is their a conflict of interest?
10 ANSWERS
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Maybe. You need to hire your own attorney and figure out what is going on.
Answered on Oct 16th, 2013 at 10:41 AM
Divorce Attorney serving Bingham Farms, MI
at
Gottlieb & Goren, P.C.
Update Your Profile
You need to hire an attorney to sort out the conflict question and to protect your interest.
Answered on Oct 15th, 2013 at 3:33 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
Get a lawyer. Trust litigation will be complex, and you will need help.
Answered on Oct 15th, 2013 at 1:58 AM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
There is probably no conflict of interest. You need to hire someone who can represent your interests and defend your rights. It is not clear from your summary if your brother is interested in merely becoming the trustee or is trying to claim some of the trust that he may not be entitled to.
Answered on Oct 15th, 2013 at 1:53 AM
2 Awards
Get your own attorney and don't try to figure out the legal angles and what can and cannot be done. Law is rarely black and white and it sounds like you may have a fight on your hands.
Answered on Oct 15th, 2013 at 1:23 AM
Your best course of action is to immediately engage an attorney specializing in estate and trust matters.
Answered on Oct 14th, 2013 at 5:42 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
Obtain yourself probate/trust administration litigation attorney immediately, to represent you as trustee of your father' trust assets and to communicate with the other lawyer to back off; as to any potential conflict of interest, I don't see one, but there may be if the attorney has confidential information from your father. That may be divulged to your brother.
Answered on Oct 14th, 2013 at 5:38 PM
Trusts and Estates Attorney serving Troy, MI
at
Barron, Rosenberg, Mayoras & Mayoras, P.C.
Update Your Profile
Without knowing more it is difficult to advise you. However, there is an apparent conflict of interest and as your father's trustee you have the responsibility to disclose, Marshall, collect, preserve and distribute the assets. You also are required to provide a beginning inventory and an accounting. Frankly, you need to retain counsel and as trustee you can use trust money for the same.
Answered on Oct 14th, 2013 at 5:37 PM
3 Awards
Maybe, maybe not. I suggest you meet with an attorney to address the status and next steps.
Answered on Oct 14th, 2013 at 5:37 PM
Edwin K. Niles
Better get your own lawyer ASAP.
Answered on Oct 14th, 2013 at 5:36 PM