Legal Question in Wills and Trusts in Connecticut
Trustee Abuse of Power
Father passed away this year, eldest of three older, not close, brothers, is Trustee of a trust he had drawn up while my father was in a nursing home because had Alzheimers, yet was able to coerce father into signing supposedly. It will not be going through CT probate. He has made it so he has complete control over my inheritance even after my death he'll get everything. He won't provide a regular accounting, have written email from him to his attorney that there is no need to establish or keep my inheritance in a separate trust. Yet, he won't provide accounting, established a special needs trust for me without ever discussing this with me, and now money has been taken out and put into an account he is using for his purposes. I've had a lawyer review the SNT and it is questionable. I asked to have a letter from the so-called attorney he used to create it regarding the tax issue my attorney raised. He hasn't answered any questions regarding the inheritance so that I can plan how this will affect my living situation. Since he's set the trust up to not go through the probate court, how do I file a petition to have him removed, or at the very least protect my portion of whatever assets I can?
3 Answers from Attorneys
Re: Trustee Abuse of Power
If you are a remainder beneficiary of the trust,you certainly have a right to the accounting. But it sounds like you'll need to go to court to get the information.
You need to locate a Connecticut attorney with experience in trust and probate litigation. Organize your information as best you can -- names, dates, when your father was first diagnosed with dementia, when he went into the nursing home, names of his doctors, what assets you think went into the trust, and so forth. The attorney can then advise you about the relevant law.
Re: Trustee Abuse of Power
You need a CT attorney, since you say this is a CT trust. You have two methods of attack with respect to the trust, undue influence and you can seek an independent trustee since your brother has a conflict of interest with respect to your portion of the trust as a contingent beneficiary.
If this were a MA trust and your father died in MA I could be more helpful.
Good Luck.
Re: Trustee Abuse of Power
Questionability is related to the trust and/or its formation.
This is a complex matter for which you need an attorney. I do not believe you can do it on your own, based on what you have said.
If you need help, contact me.
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