Estate Law Questions? Ask an Estate Lawyer.
Good Afternoon. I hope I can be of assistance. The first step when dealing with a trust issue is to obtain a copy of the trust. If you are an interested party of the trust, then you are entitled to a copy of the trust. Most Trusts have a provision, in the trust, that outlines how to remove a trustee. In most cases you will need to file a Petition for the Removal of Trustee in the State in which the trust is governed. Also, when filing a Petition to have a judge order the removal of a trustee, you should also request that the Trustee prepare and file an accounting of all the assets of the trust. It is important to see what assets there are and what the trustee did with them. It can also help in showing the judge why the trustee should be removed.
In addition to requesting the judge to remove the trustee, you should also state in your Petition, who the successor trustee should be. Check the trust document and see if the trust names a successor trustee. If it does, and you do not agree with that individual being appointed the successor trustee, then you should also ask for them not to be appointed.
I highly recommend you contact a Trust attorney. Many times legal issues involving a Trust are paid for by the trust assets. You may not be required to pay attorneys' fees out of your pocket. The courts may require the trust to pay the attorneys' fees.
Please let me know if you have an additional question or need clarification. I greatly appreciate your positive review of my legal information and hope I can be of assistance in the future. Thank you.