But our parents made me trustee and therefore I decide my compensation and my take of the NH trust.
Hamblett & Kerrigan, P.A.
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But our parents made me trustee and therefore I decide my compensation and my take of the NH trust.
181 просмотр · 9 дней назад
Hamblett & Kerrigan, P.A.
85 подписчиков
181 просмотр · 9 дней назад
Attorney Dan Marr is with the Nashua law firm of Hamblett & Kerrigan and discusses in this vlog how to deal with a self-dealing trustee of your parents' trust when they have both passed on and it is time to distribute the assets. Attorney Marr discusses the importance of reading the entire trust in that the broad discretionary powers of the trustee in handling decisions as to the trust corpus usually does not authorize them to self deal and ignore what the New Hampshire trust law would normally require of trust to act as fiduciaries. If a trustee is trying to use the leverage as a trustee against their fellow trust beneficiaries to get more than what they are entitled to under the trust, and they refuse to reconsider their position, they may need to be removed as trustee by the court and the court may, under the NH trust code, require that former trustee reimburse the beneficiary requesting their removal their attorney fees.
Such trustees also may try and suggest that a no-contest clause in the trust agreement be read expansively but the court will strictly construe that clause. For example, a no-contest clause often states that if the beneficiary challenges the terms of trust agreement or its amendments (perhaps by challenging the grantor's mental competency when the trust agreement was signed or that they were unduly influenced) then that beneficiary gets nothing from the trust. New Hampshire does enforce such clauses but that clause as written would not adversely effect a beneficiary that seeks to removal of a trustee who is acting contrary to the trust agreement terms and their fiduciary obligations.
Attorney Marr can be reached at 603-883-5501 and to view more of his weekly vlogs, all identified by topic, go to the firm website at nashualaw.com, click his personal bio, and from their you can access his YouTube channel.