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Should we sent letters to the court if we are against her using trust money?
Anonymous2 views2 answers
My sister 1 is the trustee of dads trust and my sister 2 is in a law suit against the way sister 1 is handling the trust. Sister 1's attorney sent letters to the beneficiaries stating the she was going to use trust money to pay for her attorney and court cost and we could sent letters to the court stating how we felt about that. Is he trying to use this to there benefit if we send them in. And would it hurt or help us if we are for sister 2 if we are against her using the money.
What you need to know is this; all attorneys are officers of the court and must deal honestly and fairly. That doesn't mean that on occasion an attorney does not get a bit over-zealous in representing their client, but even though the attorney does not represent you in this matter, you do have a right to petition the court for or against using the trust funds to pay for her legal expenses. The trustee, however, does have a right to legal representation in all matters relating to the administration of the trust. You should immediately seek the advice of a trusts attorney. They can best advise you as to the most appropriate course of action.
I agree with Attorney Johnson. The Trustee is entitled to legal representation and the charges are legitimate administrative expenses of the Trust. The sad reality is that you will get less from the trust and need to pay more in expenses, as a result of the lawsuit, than if sister 2 had left things alone. Sometimes this cannot be helped. Writing letters to the court will do nothing. If you have an issue that needs the judge's attention, the only way that you can raise that is by hiring an attorney.
James Frederick
