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My aunt was coerced in to signing a document resigning her

own trust as the trustor...
My aunt was coerced in to signing a document resigning her own trust as the trustor designating a successor trustee was not even on the first two successors trustee listed on the trust, now that trustee has taken the autorithy to sell all her assets for himself, how can this be reverse or remove him as a trustee and is the trust still revocable while my aunt still alive
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Answered in 47 minutes by:
9/8/2013
Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 59,002
Experience: Licensed attorney helping individuals and businesses.
Verified

INFOLAWYER :

Hello and thank you for the question. I am sorry to read of this dilemma.

INFOLAWYER :

The trustee owes a duty of care to the trust and beneficiaries under the trust

INFOLAWYER :

as such, no document can be used to change that and any attempt to sell assets for personal use would be void

INFOLAWYER :

A trust can only be changed where the creator of the trust decides to do it and the trust is designated as revocable and the change is not done under fraud, duress or without capacity

INFOLAWYER :

From what you mentioned the trust may be changed here.

INFOLAWYER :

and a lawyer involvement and a court order can enjoin one from seeking to harm the trust, its beneficiaries and the assets

INFOLAWYER :

Please let me know if you are satisfied with the answer or if I can clarify anything for you

Customer:

can my aunt as the creator of the trust still remove the trustee that designated himself by the resignation document that she was coerced to signed and can someone legally obtain a copy of the trust that has been changed if it was not recorded

INFOLAWYER :

No

INFOLAWYER :

she may not be removed

INFOLAWYER :

there is fraud, duress and bad faith involved in the attempt to remove

INFOLAWYER :

The trust is not publicly filed

INFOLAWYER :

but it can be obtained by demand from the trustee

INFOLAWYER :

and a court can order its disclosure especially where there are allegations of misconduct

INFOLAWYER :

Please let me know if you are satisfied with the answer.

INFOLAWYER :

I wish you the best and a restful sunday

Customer:

thank you very much for your answer, you too have a nice sunday

INFOLAWYER :

very welcome

INFOLAWYER :

You too

INFOLAWYER :

Kindly click on an excellent rating

INFOLAWYER :

wishing you all the best.

Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 59,002
Experience: Licensed attorney helping individuals and businesses.
Verified
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Infolawyer
Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 59,002
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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