trustee and first successor trustee?

Question

iafter my father dies 8 years ago naming my mother trustee can and named me and my brother first successor trustee can my mother change that 8 years later leaving me out as first successor trustee and also lie to me that a trust even exists.

Answer 1

Generally the trustee

Answer 2

Generally, the court determines who the trustee will be, based on what the trust says and who is legally competent and eligible for the role. Unless the trust document grants the current trustee the right to select a successor, few states will allow the current trustee to do so.

As to notifying you about the existence of the trust -- only the beneficiaries and the current trustee actually need to know about the trust. If you are not a current beneficiary, and not currently a trustee, then you have no need to know and the court will likely only order you told once you would be eligible for one of those roles.

If someone is a named beneficiary, then the trustee in most states has a legal duty to keep the beneficiaries properly informed about the status of the trust. If the trustee is not doing their duty, then the beneficiary can bring legal action against the trustee of violation of that duty.

Trust and estate matters can get complicated, and you should always check with a licensed attorney before taking legal action.

Answer 3

It depends on what the document creating the Trust says. If it doesn't specifically give her that power, then his directions as Settlor of the Trust should control, until there are no further named successor Trustees.