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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37330
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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How can a benificary of a trust dismiss a trustee?

Customer Question

How can a benificary of a trust dismiss a trustee?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can..If there is no specific power in the trust that gives the beneficiary this right, then the beneficiary would have to file a formal lawsuit against the trustee in the local probate court and prove that the trustee is breaching their fiduciary duty to the trust or beneficiaries by doing or not doing something that the trust directs them to do or prohibits them from doing. .For example, if the trustee is using trust assets for their own personal use in violation of the terms of the trust, that would give the beneficiary grounds to file the suit to have them removed and any successor appointed or to have the judge appoint an independent trustee if there is no successor named in the trust itself...thanksBarrister

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