Legal Question in Wills and Trusts in Washington
Can you sue a trustee for not uholiding their fudiciary responsiblity?
My husbands ex-wife is the trustee of my husband's father's trust. The ex-wife took the trust to court in an attempt to have it dissolved. The trust has a incontestablitly clause stating that ''anyone who takes this trust to court and questions it or makes a claim loses their interest. If this person is the trustee they are to step down as trustee and an new trustee be appointed''
Whe have filed a petition to have the trust upheld and for her interest either legal or equitable to be forever revoked and void. The class of heirs is open due to the fact that the trust stated ''Grandchildren if any''
When a trustee tries to cut out a beneficiary, what can we sue the trustee for?
Our petition asks that the trust be recognized and that she step down as trustee and that she pay our legal fee's,she claims she has an equiable lein against the property. She is not paying fair market value rent for this property,
Is there another area that we can benefit for the grandchildren in our lawsuit against her that we are missing?
The will was never filed and the house never was probated and my husband signed a quit claim deed to her of his interest.
any input would be greatly appreciated.
1 Answer from Attorneys
Re: Can you sue a trustee for not uholiding their fudiciary responsiblity?
I'm sorry, you have some pretty specific questions that I cannot answer without reference to the specific documents & likely some more facts. Generally speaking, yes, a trustee is held to a fiduciary standard. Provisions you described are usually enforceable. Given the status of your husband's case, I would highly reccomend a consultation with an attorney in your area who specializes in T & E. Let me know if you need some names, and good luck.
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