Legal Question in Wills and Trusts in Pennsylvania

I am 17 years old i live in pennsylvania, everything in my fathers will has been left to me. He died March 2, 2011. I am sueing his sister (the trustee) because she is not doing what is in my best interest which she is supposed to do until i am 21. what are my rights?


Asked on 1/24/12, 9:33 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Your father's will should have appointed a legal guardian for you. That person should be taking care of your interest. If your aunt, the trustee was appointed the legal guardian, you may seek your own legal representation to have her removed from both roles and for the court to appoint a new guardian and trustee. The court should also be asked to require your aunt to provide an accounting of your father's estate assets.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 1/24/12, 3:03 pm

You allege that your aunt is "not doing what is in your best interest" but you recite no facts so no atttorney can tell you whether your aunt is or is not following the directives. Minors cannot own real property or sums of cash. If the will was properly drafted, it would have provided that you are to inherit provided you are of suitable age and if you were not, then the will should have set up a testamentary trust that spells out exactly how the trust property is to be administered for you. The terms of the trust will spell out your rights.

I don't know if your aunt is your guardian or if you are with your mother or stepmother. If the latter, then you need to get a copy of the will/trust (it should be on file at the courthouse in the county/state where your father lived at the time of his death) and go to a probate/trust lawyer and have him/her review it. As noted by Attorney Jacobson, you can have your aunt removed as trustee if she is not doing her job and following the trust.

You indicate that you are already in the process of suing your aunt so you may already have done this. In that case, I am not sure what you are asking as your questions should be directed to your attorney.

If your aunt is also your legal guardian, she can be removed from that duty as well. However, the grounds for removal of a guardian are different than those for removal of a trustee and again, I am not sure how your aunt is acting contrary to your interests to know if those are present. Again, your remedy would be to obtain counsel if you have not already done so.

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Answered on 1/24/12, 8:29 pm


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