I don’t want the responsibility that my mother has written in trust. The trust give me power to evict my brother from her home if he doesn’t do repairs.
ANSWER BY MARGARET CROSS-BELIVEAU:
It depends on the type of trust. If your mother is currently living and has the right to remove and replace the Trustee, then you ask her to remove you as Trustee. If your mother is deceased or did not retain the right to remove and replace the Trustee, you may resign as Trustee, provided that a successor Trustee has been secured. If your mother has not named a successor Trustee to you, you must first look at the terms of the trust to determine how to appoint a successor Trustee. If it is not spelled out in the trust, you can petition the court to appoint a successor Trustee. If you are not currently serving as Trustee, you can decline to serve.
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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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The estate planning attorneys at the Beliveau Law Group provide legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.