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LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 9396
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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Dirk Albrecht. Successor Co-Trustee rights
, My mom who

Customer Question

Customer: Dirk Albrecht. Successor Co-Trustee rights
JA: Thanks. Can you give me any more details about your issue?
Customer: My mom who is a severe stroke victim and became under undue influence created a 5th amendment naming another trustee, I was told to resign as co-trustee. Yet I am named as successor trustee. So now what?
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Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.

I'm sorry to hear about your mom's declining health.

Who told you to resign as co-trustee?

Customer: replied 1 year ago.
The Drafter who influence my mom into 5 amendments.
Expert:  LegalGems replied 1 year ago.

Thank you. The only person that can tell the co trustee to resign is the settlor (if of sound mind) or the court, unless the trust itself provides otherwise.

If the person is named as successor trustee, then they would be the one to step into the resigned position. If they are the same person, they would just execute a document stating they were not willing to serve in that role.

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A trustee cannot be forced to serve; it is a voluntary position.

Also if the drafter used undue influence to get the estate planning documents executed, their very validity can be challenged as a court will not allow a trust executed under indue influence to control the estate of the settlor.

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