My grandparents left monies in trust to my daughter & my sister's children. The Trustee is a family friend of theirs and her husband is the backup trustee. The trustees moved out of state in 2017 (CT to SC) and requested through their CT attorney, by written document, to relinquish their duties as trustees. The lawyer did nothing with this request. The trustees again signed new docs in 2018, to relinquish themselves as trustees and also completed forms to request that I become trustee for my daughter & mys sister be trustee for her children. The attorney never filed these docs, competed over a year ago. Probate states the original trustees are still responsible. The bank they funds are held in has the original trustees on the accounts with their old CT address, so the statements are no longer even forwarded to them. The lawyer will not return my calls. My sister & I each sent registered letters 2 weeks ago to the lawyer & copied Probate, asking to be updated on the status of these accounts, stated we are each willing to become trustee for our children & that we were never notified that we were indicated as becoming the replacement trustees. My niece is now 18 & according the will, the funds are to be released to the child at 18. Why would the lawyer not contact us and how concerned should we be about the status of these accounts? Lawyer is reputable in CT, the family friends are upstanding citizens, btu moved out of state upon retirement & no longer wish to hold this responsibility. Probate had suggested the letters, but we have heard nothing back from Probate after sending them copies. Kids are 18, 16 and twins 14 (in Georgia) and my daughter as 14 (in CT). Any advice for our next move on this?
1 Answer from Attorneys
Make a motion in the probate court to remove the trustees (assuming you know their SC address). The court will hold a hearing and give the current trustees an opportunity to respond. Most courts will allow them to participate in the hearing by phone. If they have no objection, they will have to file an accounting, but the court will appoint someone else (you, presumably), and you can take it from there.