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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2983
Experience:  Litigation Attorney with education focus on estate planning and tax
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Need to be reinstated as cotte of irrevocable trust son convinced

Customer Question

Need to be reinstated as cotte of irrevocable trust son convinced me to resign and has been late paying trust bills trust has credit card in my name and it's affecting my credit also will. Not give me a k1 so I can file my taxes
Submitted: 2 years ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 2 years ago.
Under Florida state law(###) ###-#### (1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
(2) To remedy a breach of trust that has occurred or may occur, the court may: g) Remove the trustee as provided in s.(###) ###-#### (###) ###-####states (1) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on the court's own initiative. Are you one of these? Also, (2) The court may remove a trustee if:(a) The trustee has committed a serious breach of trust or c) Due to the unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries. These two examples would seem to fit your description the best. Has your son exhibited consistent failures to administrate this trust? It would seem you would have grounds to remove him if so and if you are not a settlor (one who established the trust) a cotrustee (named by the trust as a trustee along with your son or others) or a beneficiary (recieve proceeds from the trust itself) then you would need to find someone who fits that description in order to bring a suit before the court to remove your son as the trustee. If the court determines that his breach of the terms of the trust is severe enough for removal, then you might be able to be renamed to trustee by the court. It is a bit hard to determine all of the relevant facts but providing a K-1 would seem to be a responsibility of the trustee (your son) and would be another factor if you do indeed decide to request the court to remove your son as trustee or also find someone who meet the criteria above to bring the suit. At this point it is contingent upon you or others filing a suit and getting the court to either rule that your son must provide you a k-1 or be in contempt of court or be removed entirely from being trustee and you or whoever replaces him would provide the k-1.
Expert:  Christopher B, Esq replied 2 years ago.
I'm just checking back in on the status of this question. If you do not have any further questions and you feel that I have fully answered your question, please positively rate my answer.
Expert:  Christopher B, Esq replied 2 years ago.
It has been a few days since I provided you a service and answered your question. Do you have any further questions? If not please positively rate my answer as it is the only way I will be compensated.