0
Sibling wont prove she is a guardian or trustee mom died 1 month ago sibling is hurrying to empty house?
Wiki User
∙ 14y ago
* Your mother should have a Will. Find out who her lawyer is. Check out to see if your mother had a security box at the bank she has done business with. You can also retain a lawyer to find out if a Will was registered in your mother's name. Your sister has no right to empty the house until the Will has been probated.
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
If one sibling filed chapter 7 and there is property that is left by your deceased parents but no succession has been filed by your siblings can a trustee sell the property to pay creditors?
Only that property that is determined to be owned by the sibling. If property is owned jointly between the sibling and the remaining family, the remaining family may be forced to get a loan to pay the appraised value of the siblings share. As this Q is frequently referred to by those asking about a trustee that is a sibling.....a trustee is NOT the owner of any of the proerty he is trustee for...in fact, IT CANNOT be used for his personal needs.
Can a sibling be the trustee for a spendthrift trust?
Yes. The trustee should be someone who is organized, intelligent, trustworthy and responsible.Yes. The trustee should be someone who is organized, intelligent, trustworthy and responsible.Yes. The trustee should be someone who is organized, intelligent, trustworthy and responsible.Yes. The trustee should be someone who is organized, intelligent, trustworthy and responsible.
Does the trustee who is your sibling have to provide the beneficiary with a copy of parents trust?
Yes. You should be able to review the trust. You can also ask for a regular accounting so that you can monitor the trustee's management of the trust property. If the trustee refuses you can file a motion in a court of equity to compel an inventory and accounting. You should consult with an attorney who can review your situation and explain your options.
Can an heir who is the trustee of his sister's special needs trust sue her trust to get money for another sibling who was written out of the will?
No. The heir has no right to the funds set aside in the special needs trust. A living donor set that trust up with their own property and the heir has no rights to that property whatsoever. The trust is not responsible in any way for a sibling who was disinherited. Parents are allowed to disinherit their adult children.
Recently my father died and left a trust fund to me and my 2 siblings. can one sibling invest the enitre trust fund without the consent of the others. why or why not?
You need to review the document that created the trust to determine what can and cannot be done with the trust property and who can do it. A trust is managed by a trustee. The trust document will tell you the identity of the trustee and will also set forth all the powers of the trustee.
What do you do if a sibling is trustee of a living trust and you feel he may be using funds from the trust for his own use in California?
If possible you should discuss the situation with the trustor and ask to have the trustee removed. If that's not possible you could start by asking for an accounting by the trustee. You have an equitable interest in the trust property and the trustee is responsible while he is in charge. If you suspect that the trustee is borrowing against the trust, take him to court. Court's do not look favorably on self-dealing by a trustee and can remove the trustee if it finds the trustee is violating the trust. As a fiduciary the trustee is bound to do nothing that compromises anyone's rights under the trust. As a fiduciary the trustee has the obligation to grow the assets of the trust rather than waste them. If the trustee is making unsecured, no-interest loans to himself he is not making prudent decisions on behalf of the trust.
How long does a trustee have to distribute final payment to beneficiaries after expenses are all paid?
Here in AZ. The first meeting we were given copy of trust and the deed to what was stated ours. No list of assets, only residual interest given to (sibling> Trustee & beneficiary Not any revelation as to money, gold, properties, insurance. Nothing, then "G. D." (Gold Digger) was gone. G. D. Has more than enough to pay. No debt.
Will states that Trustee does not need to be bonded however the Trustee who was the Testator's son is financially irresponsible. Can I as Guardian of the minor children request that Trustee be bonded?
You may certainly make that request of the court. When there are issues like this, the court may even appoint a different executor.
What is the meaning of curator?
One who has the care and superintendence of anything, as of a museum; a custodian; a keeper., One appointed to act as guardian of the estate of a person not legally competent to manage it, or of an absentee; a trustee; a guardian.
What are individual trusts?
Individual trusts act in several capacities including executor, administrator, trustee, guardian, conservator, custodian, and conservator in lunacy
If a home is paid off and a guardian is named on the deed are they the owner?
A court appointed guardian is not the owner of the property. They hold title for the ward much the same as a trustee. Any income or proceeds from the sale of the property belong to the ward.
Does the act of writing checks for bills for your elderly parent constitute your being the appointed guardian or trustee for your parent and make you responsible for all debts after the parent dies?
No it does not, not in any state.
