How difficult is it to have the trustee of a irrevocable family trust removed. in the state of Virginia. It is called the ****Family trust LLC.
State/Country relating to question: Virginia
Nothing. I want to know the right way to go about it. My half brother is the trustee and will not give me any information at all about the trust, except a copy of the trust, but no assets etc. I am a beneficiary as well as my 2 half brothers and half sister. I am the oldest.
Hello, I will be happy to assist you with your question. Please note that I cannot provide legal advice – I can only give you information concerning the legal issues raised by your question. I DO NOT receive credit for my work until you rate my answer as OK service” or higher. Please DO NOT RATE MY ANSWER as "Bad service" or "Poor service" (or the 2 stars on the left if you see stars), as such a rating leaves negative feedback for me personally. Instead, if you feel one of those ratings would be appropriate, please reply to me via the REPLY or CONTINUE CONVERSATION button with the issue you have, and I will be happy to continue further and do everything I can to provide you with the service you seek.Your Answer:First, look at the trust. Most trusts contain terms that allow removal of a trustee under certain circumstances. In addition, those same terms generally provide for replacement of the removed trustee.Second, if the trust terms do not provide for removal of the trustee, you must look to state law. Under current law in Virginia, a trustee may be removed under statute, as follows:A. The settlor, a cotrustee, or a beneficiary …, may petition the court to remove a trustee, or a trustee may be removed by the court on its own initiative. B. The court may remove a trustee if: 1. The trustee has committed a serious breach of trust; 2. Lack of cooperation among cotrustees substantially impairs the administration of the trust; 3. Because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or 4. There has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.
DANGEROUS URL REMOVED?000+cod+55-547.06
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Wills, Trusts, Probate & other Estate Matters
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