Legal Question in Wills and Trusts in Alabama
trustee malfeasance
the trustee of my mother's and father's trusts , who is also my sister, has refused to disperse the assets of the trust, mostly liquid. what are my options. should i get an accounting, or just bypass that and try to get a court order for her to comply.we three sisters had a meeting at our lawyers' office and agreed on all personal property. her lawyer has written to our lawyer that proposed consents will will be available in a week. that was three months ago. strange to tell, our lalwyer has withdrawn with no reasonable explantion except that it will be very expensive to keep pursuing this matter. what are my options and what are the court's powers. i find this is a relatively common problem
2 Answers from Attorneys
Re: trustee malfeasance
Regrettably, you will almost certainly require the assistance of a lawyer. It is unclear why your lawyer withdrew, but I would get a replacement right away and then ask the court to force compliance with the trust itself or to remove the trustee altogether.
Re: trustee malfeasance
Here in Alabama, you will need an attorney to represent you. If you are unhappy with your present atty, I suggest contacting NAELA.org to find an attorney who can represent you locally.
William Nolan
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