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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111459
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Under what conditions can a Trustee NOT be replaced? I have

Customer Question

Under what conditions can a Trustee NOT be replaced? I have a situation where my grandfather passed away. In 2012 and left his son along with his old business partners in charge of a trust that he set up for my mother and her descendants.bthere are five Trustees all together and three beneficiaries (mom, my sister and I). Over the last two years "special trusts" have been set up for each of us but we are all still beneficiaries of the main trust. The trustees basically don't like me very much... I mean, I have flat out been abused. My mother has too. I don't even know where to start but to sum it up, the trustees have committed multiple breaches of fiduciary duty and even multiple felonies over the last year. I have consulted a local attorney who thinks he can have a few changes reversed that were made In my signature was forged on notifications to amendments), and he thinks that I can probably have them replaced on my special trust but then what? I'm up against big business, there's five million in my special trust but there's about seven hundred million in the main trust. Looking back, I think that my special trust was set up just so they could basically get rid of me. My attorney is a great guy but quite frankly, I think he's being a little lazy. I know it would be easier to just have them replaced on my special trust but what about the main trust? After all, I am still a beneficiary of that trust and if they can be replaced on mine then why not that one? Have you heard of a situation where a Trustee is treated like a Grantor and afforded protections as such? I assure you that the breaches were great... They range from false imprisonment to power of attorney fraud.
I also wanted to add that my attorney is preparing. A proposal right now and he thinks there is a good chance that they will agree to an outright distribution in exchange for giving up my rights, if so, I plan on transferring it to another trust of my own. There were some suspicious transfers made out of the main trust just over a month ago, this was a few months after they learned that I had hired an attorney. Roughly seventy percent of the money in the main trust was transferred to one person. Seems fishy but they will most certainly say that they were funding the separate "special" trusts just as they have been but seventy percent? Should I include that transfer when I ask for an equal percentage in the distribution or do you think it's going to be justified?
Submitted: 9 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 9 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

First, it is easier to say when a trustee can be replaced, because there are only limited reasons by law for replacement (it would be impossible to say all of the instances when a trustee CANNOT be replaced).

A trustee may be replaced/removed for 1) not performing the duties specified in the trust or law and refuses or is unable to perform them or 2) breach of fiduciary duty to the trust (failure to protect trust property, theft, misuse of trust funds) or 3) not following the terms of the trust and finally, 4) being unable or unwilling to perform any duties required of them by law or by the trust.

So, if your attorney can show breach of fiduciary duty and improper charges and signature forgery, those are grounds to seek to have the trustees removed.

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