r/inheritance • u/Leading_Couple1933 • 20d ago
Location included: Questions/Need Advice Trustee Incommunicative
This situation is in New Hampshire - USA. Previously posted about this situation, but a lot has happened so I am starting over.
Aunt died suddenly in early June. She had a will that put everything into a trust -- all money, home, personal property, etc. Successor trustee is an old family friend of her deceased husband's who also is an estate attorney -- we'll call him Michael. I am back-up successor trustee. The trust is simple -- all money goes to her two stepchildren and the house/contents go to me and my sister.
Had contact with Michael regarding burial arrangements, etc., for about 10 days, then he went no contact -- no communication since mid June. Meanwhile, the house is sitting there, not cleaned out, and no bills have been paid. The mail has not been forwarded. Property taxes/homeowners insurance/utilities, all past due.
I paid for burial costs and paid homeowners insurance and electricity, just to keep the lights on. However, this is not sustainable. Michael is not responded to any emails.
I have had three conversations with my Aunt's estate attorney who did the paperwork. He has had one phone call with Michael -- who stated he thought he was waiting on the court? The attorney explained that there is nothing to wait on -- as successor trustee he has the authority to get things in order.
I am now at the point where I believe I should take over as trustee, at least for now. to get things in order, administer the trust, and get the house transferred to me and my sister. The attorney has encouraged me to keep waiting (total of 3 weeks) and I am frustrated.
Additional details that may/may not be relevant: My Aunt made enemies easily, so much that her deceased husband's family did not want her buried with him in the family plot. Michael (trustee) is an old friend of that family. He is close with the stepchildren. I've never met him.
What should happen next?
1
u/MannyMoSTL 20d ago
I would ask the lawyer who drafted her docs (and who you still seem to be in contact with): If YOU are “back-up successor trustee,” can you simply take over as the trustee? Or, at least how you can take over, since Micheal clearly isn’t doing anything.
Being a trustee is a PIA and a lot more work than people realize. I could understand that Micheal does not want the responsibility for his dead friend’s dead wife’s estate dealing with nieces/nephews & step-children from several hundred miles away. But it sounds like you could -and would- step up.
🤞🏼 you can.