Legal Question in Wills and Trusts in Washington
2 co-trustees do not agree
My husband and his sister were both appointed co-trustees of his mothers estate. Since her death nearly 3 years ago, his sister has refused to sign the forms for the attorney to file with the court the probate to disburse the estate money or sign the papers to sell the house. Can he file a motion with the court to have her removed as a co-trustee. The remainer of the family wants to settle the estate but she is holding everything up. The house is ready to go into foreclosure now and she is holding up the disbursement of the money to make the payments until it does sell.
1 Answer from Attorneys
Re: 2 co-trustees do not agree
Based on the facts you provide, sounds as though you need a new attorney.
The whole point of a trust is to avoid probate all together, which is just dumb in Washington. (but that's another subject for another day).
The trust instrument itself may have language addressing the issue of the co-trustees agreements or lack thereof. If not, I would strongly recommend hiring another lawyer and getting the trust wrapped up. Three years and a looming foreclosure is ridiculous. If you want to contact me I'd be happy to provide you with a referral.
Elizabeth Powell
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