What to do if Trustee is abusing his position?

UPDATED: Oct 19, 2010

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What to do if Trustee is abusing his position?

My mother passed away 03/09. She left her house to my 2 boys who are underage but left her boyfriend as trustee. Now he says that its his house and he can sell it. However, in my moms Will she has a clause that the house can’t be sold until my children our 18. He has the deed and her Will and won’t give me a copy. Should I speak to a probate attorney about this? I’m in Cecil County, MD.

Asked on October 19, 2010 under Estate Planning, Maryland


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It would be advisable to speak with a probate attorney.

You can sue the trustee for breach of trust and recover monetary damages for the breach of trust.  You should also consider petitioning the court for a constructive trust.  A constructive trust means that the person who is wrongfully holding the property would be ordered to convey the property to the rightful owner.  You should also look at the provisions of the trust for procedures on removing the trustee and procedures for appointing a successor trustee.  The trust may have designated a successor trustee.  A trust usually names a successor trustee in case the original trustee is unable to carry out the trustee's duties.

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