Legal Question in Wills and Trusts in Connecticut
Co-trustee Legal Rights
A bank and I are co-trustees for my sister's special needs trust. The bank and I disagreed about a bill from my sister's court-appointed conservator who is a lawyer. I felt it was not right for the conservator to charge lawyer's fees for work that social workers and others do for far less money. Charging lawyer's fees for cleaning an apartment, writing checks, talking to my sister, etc. seemed to be taking advantage of my sister and the trust. Although I would not authorize payment, the bank did authorize payment. As co-trustee, what legal rights do I have?
1 Answer from Attorneys
Re: Co-trustee Legal Rights
As a co-trustee of your sister's trust you have the right to dispute the bill from the lawyer and dispute the co-trustee's decision. You should request a court hearing in front of the probate judge to make a determination as to whether the bill should be paid and for how much.
You should know that it is very customary and acceptable for attorneys who are conservators to be paid an attorney's rate to clean out apartments, handle money etc. This is not usually performed by social workers. On the contrary, it is usually performed by attorneys in the State of Connecticut. The probate judge should be the one to approve the conservator's bill if there is a dispute. You would file a request for a hearing in your sister's conservatorship proceeding matter. Just go to the probate court and request a hearing. You should do this in writing and in letter form.
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