Legal Question in Wills and Trusts in Virginia

Re: Living Trust

Well, I don't understand what you mean by they had you removed? Does this mean something has already been decided? Did they go to court?

Other than that question, the rest of what you say is clear enough.

First, Successor Trustee does not mean that you have any greater rights to inheritance than your siblings, but it does put all the authority about the assets in your hands. You must use that authority in accordance with what the Trust tells you to do.

So I don't know why they would resent that. It should not change how much they receive from the estate.

Second, it is possible that the trust ends upon the death of the last parent to pass. If the trust is supposed to end, then this might be what the other attorney is talking about, but I still do not quite understand what the other attorney is doing.

Third, however, until you "wind up" the trust, no one has authority other than you.

That means that the house is owned by the trust, and you and only you control the trust.

For anyone else to make use of the house or change the locks is illegal, just as if a stranger broke into your house.

It is a little hard to understand what is going on but it sounds to me that no one but you has any authority whatsover with regard to the house or anything else owned by the trusts.

If they are about to sell the house without your permission, then you could file in the deed records what is called a "NOTICE of LIS PENDENS" which places all parties on notice that there is a legal dispute about the ownership and authority to sell the property. Then no one will buy the property without going through you.

But I would really need to understand what this attorney did, because I don't see how he could do anything.