QUESTION
Can a custodial over minor trust be a felon?
Asked on Apr 09th, 2013 on Estate Planning - Delaware
More details to this question:
The biological father of my 2 small children died in car accident and his mother filed for custodial over large trust fund that was from his annuity settlement. His mother was convicted of stalking me in a court of law after fighting and getting my kids back from her after her lies came out at trial and the judge caught her in a lie. She won’t give us any of his personal items. Can you help me please?
10 ANSWERS
As the mother of the child beneficiaries you should be able to bring an action in court asking the court to determine her fitness to serve. You should consult an attorney familiar with family law and trust law.
Answered on Apr 11th, 2013 at 12:23 AM
You need a good trust attorney to file a motion in court to force her to give an accounting and possibly seek her removal as trustee.
Answered on Apr 10th, 2013 at 3:42 PM
Thomas Edward Gates
You need to review the Trust Document, it defines who the Trustee is and the terms of releasing Trust assets.
Answered on Apr 10th, 2013 at 11:52 AM
3 Awards
The Court has discretion who it may appoint.
Answered on Apr 10th, 2013 at 11:51 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You would need to file a probate estate and ask to be appointed as conservator for the kids. It is unlikely you will be able to have the trustee removed, under these circumstances.
Answered on Apr 10th, 2013 at 11:51 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Bring all the documents to a probate lawyer ASAP.
Answered on Apr 10th, 2013 at 11:51 AM
2 Awards
You MUST sit down with an attorney asap before it is too late if it is not already. The court can order her custodian if they don't know she is a felon and did those things. If your children are in your care, it is likely, unless you have negative factors against you, that the court would choose you over her but you must petition the court. Once she is appointed, it is MUCH, MUCH harder to change it.
Answered on Apr 10th, 2013 at 11:50 AM
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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Being a felon does not automatically disqualify a person from serving as a trustee, but it may be evidence in support of a petition to remove the trustee. You may have a strong case to get her removed as trustee. An experienced attorney can help you analyze your options and determine what course of action to pursue.
Answered on Apr 10th, 2013 at 11:50 AM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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You need to petition the probate court for a new fiduciary. The court is unlikely to permit a felon to be the trustee, if she is indeed a felon.
Answered on Apr 10th, 2013 at 11:50 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If a convicted felon they cannot act as a trustee.
Answered on Apr 10th, 2013 at 11:49 AM