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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 29272
Experience:  Texas lawyer for 29 years in Estate law
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I have been informed that a Trust of which I am a benficiary

Resolved Question:

I have been informed that a Trust of which I am a benficiary is planned to terminates to a revocable trust managed by a family member is is completely dishonest.

What are my options? I don't see how a trust can be merged without my permission as a beneficiary.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Thanks for your question and good evening.

The terms of the trust here control these issues.If the trust here in PA provides for it to be merged then it can be merged.I would suggest you conisder your own lawyer here in PA to demand copies of both trust documents.The lawyer can then review them to see if they are violating the terms of the trust.In this situation a you may have a valid civil suit to block the merger.

Alternatively a civil suit can also seek to remove the trustee if the trustee here has viiolated his fiduciary duties to you and the estate of the trust.Overall your lawyer can seek more information and then take legal action to protect your rights as beneficary here..

PA law..

§ 7766. Removal of trustee- UTC 706.

(a) Request to remove trustee; court authority.--The settlor, a cotrustee or a beneficiary may request the court to remove a trustee or a trustee may be removed by the court on its own initiative.

(b) When court may remove trustee.--The court may remove a trustee if it finds that removal of the trustee best serves the interests of the beneficiaries of the trust and is not inconsistent with a material purpose of the trust, a suitable cotrustee or successor trustee is available and:

(1) the trustee has committed a serious breach of trust;

(2) lack of cooperation among cotrustees substantially impairs the administration of the trust;

(3) the trustee has not effectively administered the trust because of the trustee's unfitness, unwillingness or persistent failures; or

(4) there has been a substantial change of circumstances.

(c) Court remedies.--Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order appropriate relief under section 7781(b) (relating to remedies for breach of trust - UTC 1001) as may be necessary to protect the trust property or the interests of the beneficiaries.

(d) Procedure.--The procedure for removal and discharge of a trustee and the effect of removal and discharge shall be the same as that set forth in sections 3183 (relating to procedure for and effect of removal) and 3184 (relating to discharge of

personal representative and surety).



You can locate a local lawyer to protect you here.

http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=PA

Your lawyer would seek to keep the trust here in PA and removal of trustee and other remedies on your behalf..

You can locate a trust lawyer here.

http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=PA\\


It has been my pleasure to assist you tonight.Please let me know if you have more follow up.Thanks again.


I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.



This communication does not establish an attorney client relationship here.Information provided is not legal advice. Rather it is simply general information.

RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 29272
Experience: Texas lawyer for 29 years in Estate law
RayAnswers and 5 other Estate Law Specialists are ready to help you

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