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socrateaser, Lawyer
Category: Legal
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Experience:  Retired (mostly)
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We have a living trust, there are 5 separate parties that are

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We have a living trust, there are 5 separate parties that are named in said trust, if 4 of the members of trust don,t feel the fifth member,who is also the durable power of attorney, is acting in a manner to benefit himself rather then the equal members of the trust, can this be changed?
Submitted: 6 years ago.
Category: Legal
Expert:  socrateaser replied 6 years ago.

If the original grantor (creator) of the trust is still alive, then the beneficiaries have absolutely no rights to make changes to the trust.


If te original grantor is deceased, then it's not a living trust any more, and if the 5th member is a trustee, and the other beneficiaries believe that the trustee is acting against the trust's interests, then the other beneficiaries could ask a court to remove the trustee, based on the trustee's bad conduct. However, this would be expensive to litigate, and the trustee will be able to use trust funds to defend him/herself, while the benefiicaries would have to use their own funds to pay litigation costs.


Hope this helps.


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