Legal Question in Wills and Trusts in Virginia
Are there grounds to disqualify trustee?
I have never received any financial transactions documentation. I have asked several times during the past two years what the overall status of my mother's affairs were, but never got actual documentations. My mother's estate is large and complex. No information was ever forthcoming. To be plain, I have no idea what has happened. I don't know how to approach the upcoming probate.
If I report this failure now, could a court declare my sister incompetent or unsuitable to be the trustee of my mother's living trust because of this crisis of confidence? Could a court appoint a non -- family member, such as a lawyer or bank? Virginia requires that the executor live within state, I'm not sure about the trustee. My sister is the only family member residing in Virginia. My sister and I are sole beneficiaries of the living trust., I assume this because last living trust I know of, created on the same day as the power of attorney, declares this. I do not know if any codicils or ancillary declarations, have been added since. I'm concerned that changes were made not accounting for my mother's mental state.
Are there any criminal penalties if I report this failure to the probate court now?
07-08-2002 05:15 PM
1 Answer from Attorneys
Re: Are there grounds to disqualify trustee?
There's not enough information. How did your sister become trustee? Was it by your mother creating a living trust and naming your sister trustee? Was your mother competent then, and is she now competent? Is the trust revocable or is it irrevokable? What is your mother's condition now?When you refer to "the upcoming probate" does this mean your mother has passed on?
I need to make you aware that a living trust becomes irrevocable upon the death of the grantor (your mother) and that there is no need to probate the assets in trust; the process will proceed without intervention of the court. Only the assets not in the trust would have to go through probate.
You also need to know that an executor does not have to be a Virginia resident, so long as there is a close family connection such as child of the decedent.
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