What forms are needed to transfer executorship of a trust?

[histori...@gmail.com]

I am one of 10 siblings with my sister being named as executor
of our deceased trust in New Mexico. The only thing in the
trust is our family home. She no longer wants to be executor
because of the conflict and we all voted that I should take it
over for her. Is there a form to make this legal, so we can
save money and file with the courts? Or have a lawyer file for
us? There is no money in the trust at all just the home.

On another note, the conflict comes from the fact that we all
voted to sell the house and the majority voted yes. However,
there are 3 brothers that are living there, free I might add,
and turning it into a frat house. What are the options?

[deadrat]

histori...@gmail.com wrote:
> I am one of 10 siblings with my sister being named as executor
> of our deceased trust in New Mexico.

I think you mean that your sister was named as trustee of your parents'
trust that has become irrevocable upon their deaths. Is that right? (An
executor takes care of a decedent's estate.)

> The only thing in the
> trust is our family home. She no longer wants to be executor
> because of the conflict and we all voted that I should take it
> over for her.

Well, that's nice and democratic and all, but what does the trust
document say about successor trustees and about replacing trustees? The
other nine of you just don't get to decide who's to be trustee unless
that authority is spelled out in the trust.

> Is there a form to make this legal, so we can
> save money and file with the courts? Or have a lawyer file for
> us? There is no money in the trust at all just the home.

Likely there's nothing to file with the courts. You don't say what
state you're in, so it's impossible to be sure.

> On another note, the conflict comes from the fact that we all
> voted to sell the house and the majority voted yes.

Well, that's very nice and democratic and all, but what does the trust
say about the disposition of the house? The other nine of you don't
just get to decide to sell the house unless that authority is spelled
out in the trust, say by making you all beneficiaries.

> However,
> there are 3 brothers that are living there, free I might add,
> and turning it into a frat house.

The trustee has a fiduciary duty to the beneficiaries to maintain the
value of the trust property.

> What are the options?

Hard to say without an answer to the questions listed above.

*** I am not a lawyer, so this can't be legal advice. ***
*** I am not Dr. Phil, so this can't even be personal advice. ***

[Stuart Bronstein]

histori...@gmail.com wrote:

> I am one of 10 siblings with my sister being named as executor
> of our deceased trust in New Mexico. The only thing in the
> trust is our family home. She no longer wants to be executor
> because of the conflict and we all voted that I should take it
> over for her. Is there a form to make this legal, so we can
> save money and file with the courts? Or have a lawyer file for
> us? There is no money in the trust at all just the home.

It depends on what the trust says, and what state law says. Most
trusts include a list of people (in order of service) who will be the
trustee if another person isn't willing or available to serve. The
trust might also allow the current trustee to appoint another trustee
if necessary.

If neither of these is the case, you may well need a court order
appointing you as the next trustee.

> On another note, the conflict comes from the fact that we all
> voted to sell the house and the majority voted yes. However,
> there are 3 brothers that are living there, free I might add,
> and turning it into a frat house. What are the options?

Assuming that is what the trustee agrees to, there are two options.
One is to evict the brothers. The other is to sell the house with
the brothers there, and let the new landlord evict them.

If the brothers are considered actual owners of the house (depending
on exactly what the trust says) then you may need to go to court to
have the house "partitioned." When you do that, the court will have
the house sold, and split the profits as the trust provides.

--
Stu
http://DownToEarthLawyer.com