Many years ago my father made my sister trustee of his estate. My sister at this time is mentally unstable, vicious and abusive to me to the point I don't talk with her anymore. She has also been very cold hearted and neglectful of my parents, and I expect that when my father dies she will be very difficult and abusive. The estate is leaving half the assets to me, but I am unclear what power she will unfortunately have as trustee. I am anticipating I will have to retain a lawyer to either remove her as trustee or ensure she acts in the correct manner. I would really appreciate your advice and thank you so much.
You use the term "trustee," which contemplates that your father created a trust. The trust can be within the will itself or a separate instrument. The first step is to review the actual instrument that gives your sister some "power," (and believe it or not, that is a legal term in this context) and determine the extent of the power.
Since thankfully your father is still living, depending on the type of instrument that gives your sister power, it is possible that it can be changed prior to your parents' deaths. If it is an irrevocable trust that may be more difficult.
If she is a trustee over money that you will receive under the trust when your parents pass, it depends on the schedule of disbursing the assets. A true trustee who abuses her power, or fails to exercise the power in accordance with the trust, can be removed through legal process. That is why if dad can make changes now it will be easier in the long run.
If you have access to the will/trust, I suggest you review the documents with an attorney who can then give you a more complete answer.
Please let us know if we can assist you further.
Kind regards,
Cindy Vova
The Law Office of Cindy S. Vova, P.A.
8551 West Sunrise Blvd., Suite 301
Plantation, FL 33322
954-316-3496
info@vovalaw.com
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.