Named as a co-Trustee on My Deceased Mom's house

[slipperylobster]

I just found out that I was named as a co-trustee on my mom's house (New York, USA). She passed away last week, and one of my brothers had his name removed (as a co-trustee) in 2006. The document had a paragraph that named me as an alternate....and further went on to say that I was to take the place of either of the two original trustees, should they "resign" or pass away.

The document was never revealed. I have lived overseas since 1996, and we are not a close family. My other brother is now proceeding to act deceptively. He does not answer questions, nor provide required information. I am liable, as he is... to the 3 name beneficiaries. (one other brother and the two trustees). I have reason to believe he is acting maliciously and selfishly. His responses to inquiries are deceptive.

I have no place to stay in New York (Hotel prices are high), and limited funds to hire legal aid. I am at the point now where I must get an attorney. The house may be sold without full disclosure (several problems) and her belongings are disappearing (He says thrown out). The garage was converted and electrical wires put underground illegally...etc. (violation of town codes).

I never accepted (officially) the appointment as trustee...and prefer to be only a beneficiary (no liability).

Right Now I am preparing to file a protest and disclaimer for any actions he takes, and let the local court decide to replace me.

My questions are

1 ....since I never accepted the role as co-trustee..and the document was hidden from me, and the fact that I am not able to protect the estate from my location in Thailand.........am I liable for his actions? I feel I have a strong case (how is it that a random person can be assigned a trustee without that person knowledge?).

2. ...Is there a reasonably priced attorney in Chiang Mai that I can work with...to take my name off as trustee?

3. Should I just ignore the situation and hope for the best? If the buyer of the home sues, trustees are liable. However, I am unable to perform duties from Thailand...

again....I cannot go to New York at this time. There is no place to stay. The house being sold is not available. I could go there and force myself into the house and would have the right to act alone....but there will be tremendous conflict and anger.

Edited May 10, 2015 by slipperylobster

[NancyL]

There is a list of legal services providers on the website for the U.S. Consulate Chiang Mai http://chiangmai.usconsulate.gov/legal_service_cm.html

However, I think it's doubtful that any of them are going to be able to help with your problem since it has absolutely nothing to do with Thailand, except for the fact that you happen to be in Thailand.

You're going to need to consult with an attorney in New York, ideally one in the town where the house is located because s/he will know how to deal with the local town officials/building inspectors, etc about the code violations of the house. Or at least get you removed as a co-trustee.

Unless I'm mistaken, wouldn't you be able to charge the estate for your expenses related to your duties as a co-trustee, which would include travel to New York and expenses for lodging, food, etc? Certainly a lawyer would do this if appointed as a trustee.

Edited May 10, 2015 by NancyL

[slipperylobster]

Yes... Legal fees and Trustee fees are allowed for the sale.

However, I am not sure about hotels and plane tickets...to travel there, for settling.

I have a third brother working on this now...so it is partially resolved. He will act as my delegated representative, but i still have liability.

Also, He is a beneficiary (as I am) and we can work out the flight, and settle up later

There is a list of legal services providers on the website for the U.S. Consulate Chiang Mai http://chiangmai.usconsulate.gov/legal_service_cm.html

However, I think it's doubtful that any of them are going to be able to help with your problem since it has absolutely nothing to do with Thailand, except for the fact that you happen to be in Thailand.

You're going to need to consult with an attorney in New York, ideally one in the town where the house is located because s/he will know how to deal with the local town officials/building inspectors, etc about the code violations of the house. Or at least get you removed as a co-trustee.

Unless I'm mistaken, wouldn't you be able to charge the estate for your expenses related to your duties as a co-trustee, which would include travel to New York and expenses for lodging, food, etc? Certainly a lawyer would do this if appointed as a trustee.

[AyG]

Or at least get you removed as a co-trustee.

Surely he should be doing exactly the opposite: getting the brother removed as trustee.

I'm not familiar with the American legal system, but I suspect in this respect it's similar to the English one. If someone is named as executor (the British equivalent of trustee) in a will, it is only stating a preference for who is executor and makes it easier for the person to legally take control of the deceased's affairs. I therefore very much doubt the OP has any liability until he legally is appointed trustee.

Finally, wouldn't it be possible to engage a lawyer remotely, then instruct the lawyer to get the brother removed as executor and then get the lawyer (rather than the OP) appointed as trustee to sort out the mess? It may not be the cheapest way forward (but does save on air tickets and accommodation costs), but if the brother is left to carry on with his shady dealings, who knows how little will be left for the beneficiaries?

[slipperylobster]

Or at least get you removed as a co-trustee.

Surely he should be doing exactly the opposite: getting the brother removed as trustee.

I'm not familiar with the American legal system, but I suspect in this respect it's similar to the English one. If someone is named as executor (the British equivalent of trustee) in a will, it is only stating a preference for who is executor and makes it easier for the person to legally take control of the deceased's affairs. I therefore very much doubt the OP has any liability until he legally is appointed trustee.

Finally, wouldn't it be possible to engage a lawyer remotely, then instruct the lawyer to get the brother removed as executor and then get the lawyer (rather than the OP) appointed as trustee to sort out the mess? It may not be the cheapest way forward (but does save on air tickets and accommodation costs), but if the brother is left to carry on with his shady dealings, who knows how little will be left for the beneficiaries?

My brother has three roles...

1. Executor of the Will (Bank accounts, furnishings, car and proceeds of any home sale)

2, He is also a Trustee (for the house only)...along with myself

3. He is also a beneficiary...along with myself...and one other brother

It is complicated. However, I believe that as co trustees, we operate together or several (as directed in the trust agreement)

Any disputes would be brought to the local probate court. I am only protecting my liability.....and keeping him from overcharging fees/skimming. Not for my own gain...but for the third beneficiary....who has helped my mom more than any of us. (rebuilt a bathroom for 10,000 usd)

Right now....I am working with this 3rd brother, and we will work it out.

Thanks to both of you who answered. The law is specific....any quabbles and either one of us can petition the probate court for a decision. He is slowing up a sale, (not advertising)...and I believe he is trying to rent it out and get prolonged management/maintenance fees for his efforts..

My mom wanted it sold.