Legal Question in Wills and Trusts in Virginia
estate
My dad passed away last June. We have to deal with a executrix/trustee(same person) who is refusing to give us any information on our trust(me, my brother and minor son are sole beneficiaries), we have not received any money from it. I keep running into dead ends. We suspect that she is using our trust money to pay her house payment and house taxes in Richmond. The accountant was rude and refused to talk to me last summer. She withholds mail that we need in order to adhere to the laws here in Roanoke on the rental properties. Due to that one complex has been condemned and the other was on its way to get us fined $2500. I think she is using our trust to pay her personal lawyer that she is using to fight us. She wants the house, us to pay it off, and my mom to give up her homestead exemption. We cant find out if she sold the vehicles or are retaining them for her children to drive. Mom is seeking legal representation, but me and my brother didnt get a large 401K and cannot afford it. This woman wants to sale everything and take 5%, she is selling away too. How can I get any information...can I get info on our trust?
1 Answer from Attorneys
Re: estate
You as a beneficiary of the trust as well as, apparently, the will could petition the probate court which has jurisdiction over the matter to have the current trustee under the trust and the executrix under the will removed for her (alleged)failure to carry out the fiduciary duties which necessarily attach to both appointments and to have a new person appointed in her stead to administer both the trust and the will.
One of the most important of those so-called fiduciary duties is to protect the interests of all beneficiaries named in both the trust and the will. Apparently, that is not happening in your current situation.
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