Legal Question in Wills and Trusts in Texas
appointment of successor trustee
Unbeknownst to my father he was death trustee to my Grandmother's estate and trust. His sister fraudulently made herself death trustee. My father took over the distributions but seeing misappropriations of funds asked for an accounting. After a 2 year battle he never got it. My aunt failed a fiduciary responsibility to the trust by falsely representing previously she was the death trustee when in fact she was not. In Dec. 2006 he passed away. A judge ordered everything to be turned over to my aunt (same aunt who mishandled things). A full accounting of bank accounts and money spent needs to be done to determine the size of the trust and account for all monies. This accounting can clear the questions and issues raised in this lawsuit and clear the names of the parties involved. Irreparable damage to the family, relationships, and the trust have arisen from this lawsuit, and we would like to see the case settled fairly with an equitable distribution of what remains. Can I as my father's decedent request a successor trustee who can handle the account and disperse funds equally without becoming a party to the lawsuit? Could/Would the judge subpeona me to court? It's important that I do not become a party to the lawsuit.
1 Answer from Attorneys
Re: appointment of successor trustee
Unless you are a beneficiary of your grandmother's estate, you do not have standing to bring an action in the probate court. But if you did have standing, you would immediately become a party upon filing a motion to appoint a successor trustee.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
