How Can I Gain Control of My Trust Without a Lawyer?

Published July 11, 2013

Question by Danielle: How can I gain control of my trust without a lawyer?
My father put his portion of my parent’s house in a trust for my brothers and myself, and my mother is the trustee. It stipulates that she will oversee the care of the house until we are 25, and even when one of us is 25, she not need to appoint us as the trustees. She is now a severe drug addict and the house has been vacant. I want full control of the trust, but am trying to afford school and cannot afford a lawyer. Pro bono lawyers don’t seem to be an option either. Please only respond if you have any reliable information on how to remedy this situation.

Best answer:

Answer by Steve D
You are going to have top file a motion in the courts and have her declared incompetent by reason of addiction. You are probably going to have to call an expert witness (means $ $ to pay him/her) to testify, maybe try to get a subpoena for any medical records (more money), etc. In the end run, the court may appoint a neutral trustee until you turn 25 (which may still be better than having your mother oversee the trust).

In any event, this will be a complicated undertaking and I would highly suggest that you find some way of affording a lawyer.