Legal Question in Wills and Trusts in Oregon

The Trustee

1.) Has steadfastly ignored the stated purpose for the creation of the Trust ("all reasonable measures ... to make sure (I) doesn't lose the property") in favor of options that favor herself wherever the Trust's language appears to conflict with itself.

2.) Has steadfastly refused to consider alternatives which would also be considered prudent and beneficial to the estate AND all of it's beneficiaries.

3.) Threatened that a mere lack of response to her self-serving deadline would constitute a legal contest to the will - tries to invoke No Contest clause despite the fact that no suit has been filed.

4.) Has demanded more than $500 despite repeated requests for independent proof that I owe it - then threatened to transfer double the amount from the estate to her personal account in retaliation for my non-compliance with her unsubstantiated demand.

5.) Has demanded that I surrender my right to speak freely in exchange for ANY cooperation from her.

We feel that Trustee's willingness to unlawfully silence our complaints and observations lends itself to the idea that her position as Trustee was secured by treating Mom the same way.

I have documents which support all of this and much more. Is this grounds for removal?

Should I present my letter with attached emails and witness statements to the court? If they decide to investigate, I am prepared to retain professional legal representation. The Trustee has threatened to evict me from the home Mom willed to me "in kind" and she is just chomping at the bit to do it. HELP!


Asked on 2/18/11, 5:37 pm

1 Answer from Attorneys
David Clarke David C. Clarke, Attorney at Law

It sounds like you have the Trustee from Hell problem. Removal may be possible but is not the only remedy available to you. ORS 130.800 (UTC 1001 - Remedies) states that "[t]o remedy a breach of trust that has occurred or to prevent a breach of trust, the court may: (a) Compel the trustee to perform the trustee�s duties; (b) Enjoin the trustee from committing a breach of trust; (c) Compel the trustee to pay money or restore property; (d) Order a trustee to account; (e) Appoint a special fiduciary to take possession of the trust property and administer the trust; (f) Suspend the trustee; (g) Remove the trustee as provided in ORS 130.625 (UTC 706. Removal of trustee); (h) Reduce or deny compensation to the trustee; (i) Subject to ORS 130.855 (UTC 1012. Protection of person dealing with trustee), void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or (j) Order any other appropriate relief." It appears that you have immediate need of a local attorney who can review the facts in detail and submit a request for the court to take appropriate action.

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Answered on 2/21/11, 12:21 am


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