My brother and sister have indicated that they want access to my moms money in the bank and will get a lawyer to help them. I am the sole trustee and POA for all of her assets and medical care and have done nothing wrong. Can they have me removed by majority, as the other two beneficiaries?
ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:
As Trustee, you are allowed to hire experts to help you in your duties. You should consult with an estate planning attorney who can review the trust to determine what prerequisites must be met in order for your siblings to remove you as Trustee. In most cases, the trust will pay for the legal fees incurred by the Trustee.
The attorney can also advise you about making distributions from the trust. As you stated in your question, your mother funded the trust but your siblings are beneficiaries of the trust. As beneficiaries, unless the trust states otherwise, your siblings do have rights to information and possibly distributions.
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.
Beliveau Law Group: Massachusetts | Florida | New Hampshire
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.