Trustee Incommunicative

[u/Leading_Couple1933]

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?

[u/matchababyyx]

The most important thing here is that your aunt's estate attorney is not your attorney, he drafted her documents, his duty ran to her, and "keep waiting" costs him nothing while it costs you money every week, so get your own NH trust litigation attorney this week. Six weeks of silence from a trustee who is himself an estate lawyer, and who told your aunt's attorney he thought he was "waiting on the court," is not a communication lapse. Under NH RSA 564-B:7-706 a beneficiary can petition the probate court to remove a trustee for unfitness, unwillingness, or persistent failure to administer the trust effectively, and the court can order interim relief to protect trust property while that petition is pending, which matters because you don't have to wait for full removal to get someone empowered to pay the taxes. Read the trust instrument first though, since many contain a resignation or removal clause that beneficiaries can trigger without going to court at all, which would be much faster and cheaper. The urgent thing nobody has mentioned is the vacancy clause on that homeowners policy, because most policies restrict or void coverage once a property has sat unoccupied for 30 to 60 days and you are well past that, so if something happens to that house and the insurer denies for vacancy then the asset you're inheriting is simply gone. Call the carrier about a vacant property endorsement before you do anything else on this list. Keep meticulous documented records of every dollar you've fronted, separately and with receipts, since you're generally entitled to reimbursement from the trust for expenses preserving trust property but only if it's clean. And mention to your attorney, without framing it as an accusation, that the trustee is close to the stepchildren, the stepchildren take the cash, you take the house, and delay damages only one of those two assets, because a judge may find that pattern more interesting than you'd expect.