Legal Question in Wills and Trusts in Georgia
When a court knows that the last standing trustee resigned "unsucessfully" and is therefore hostile to the beneficiaries by refusing to represent the trust and the beneficiaries interests, are the beneficiaries necessary parties to the lawsuit at that point? One of the beneficiaries was a minor the other an young adult. Neither was served or included as a party in the lawsuit. Neither were aware of the action against the trust. Their trust corpus was taken by default.
Under the circumstances did the court have jurisdiction over the beneficiaries?
Should the court have appointed a Guardian Ad Litem?
Were the beneficiaries denied due process before losing their property?
What recourse do these beneficiaries have besides suing the trustee for breach of fiduciary duty? Can the courts order be voided?
1 Answer from Attorneys
Your many questions are basically asking how to handle the entire case on an internet forum, based on virtually no facts - just questions. See a lawyer.
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