Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Under what conditions can a Trustee NOT be replaced? I have…

Customer Question
Under what conditions can a...
Under what conditions can a Trustee NOT be replaced? I have a situation where my grandfather passed away. In 2012 and left his son along with his old business partners in charge of a trust that he set up for my mother and her descendants.bthere are five Trustees all together and three beneficiaries (mom, my sister and I). Over the last two years "special trusts" have been set up for each of us but we are all still beneficiaries of the main trust. The trustees basically don't like me very much... I mean, I have flat out been abused. My mother has too. I don't even know where to start but to sum it up, the trustees have committed multiple breaches of fiduciary duty and even multiple felonies over the last year. I have consulted a local attorney who thinks he can have a few changes reversed that were made In my signature was forged on notifications to amendments), and he thinks that I can probably have them replaced on my special trust but then what? I'm up against big business, there's five million in my special trust but there's about seven hundred million in the main trust. Looking back, I think that my special trust was set up just so they could basically get rid of me. My attorney is a great guy but quite frankly, I think he's being a little lazy. I know it would be easier to just have them replaced on my special trust but what about the main trust? After all, I am still a beneficiary of that trust and if they can be replaced on mine then why not that one? Have you heard of a situation where a Trustee is treated like a Grantor and afforded protections as such? I assure you that the breaches were great... They range from false imprisonment to power of attorney fraud.
I also wanted to add that my attorney is preparing. A proposal right now and he thinks there is a good chance that they will agree to an outright distribution in exchange for giving up my rights, if so, I plan on transferring it to another trust of my own. There were some suspicious transfers made out of the main trust just over a month ago, this was a few months after they learned that I had hired an attorney. Roughly seventy percent of the money in the main trust was transferred to one person. Seems fishy but they will most certainly say that they were funding the separate "special" trusts just as they have been but seventy percent? Should I include that transfer when I ask for an equal percentage in the distribution or do you think it's going to be justified?
Submitted: 2 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 9 minutes by:
2/11/2016
Estate Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 126,844
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

First, it is easier to say when a trustee can be replaced, because there are only limited reasons by law for replacement (it would be impossible to say all of the instances when a trustee CANNOT be replaced).

A trustee may be replaced/removed for 1) not performing the duties specified in the trust or law and refuses or is unable to perform them or 2) breach of fiduciary duty to the trust (failure to protect trust property, theft, misuse of trust funds) or 3) not following the terms of the trust and finally, 4) being unable or unwilling to perform any duties required of them by law or by the trust.

So, if your attorney can show breach of fiduciary duty and improper charges and signature forgery, those are grounds to seek to have the trustees removed.

Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 126,844
126,844 Satisfied Customers
Experience: Experienced in Trust and Succession Law, including Louisiana Laws

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,908 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
My Dad passed away on July 25th. he has a will and a trust.
Hi, my Dad passed away on July 25th. he has a will and a trust. The will being part of the trust. There are five beneficiaries, my Sister (30%, myself 30% my half brother 30%, my brother 5% and anothe… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
My father passed this last January and left a large estate
My father passed this last January and left a large estate valued at around $12 million. My sister is the Successor Trustee of the estate. She informed us that she will be taking an Executors/Trustee … read more
Jessica B
Jessica B
Juris Doctor
1,680 satisfied customers
Need some assistance from a Florida attorney who does trust
Need some assistance from a Florida attorney who does trust administration.A private trust was created in Florida but will be distributed in Arizona where I am, is causing me some confusion.The attorn… read more
LegalGems
LegalGems
Juris Doctorate
12,788 satisfied customers
Can an ex parte motion be filed at any time or what can I do
Can an ex parte motion be filed at any time or what can I do here? I have a case against the trustees of my family trust for committing a number of torts against me in Kansas and was evicted from my t… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I want to set up an estate plan but not sure what might be
I want to set up an estate plan but not sure what might be the best plan for a 20 million dollar estate. I have hear do the Jackie O plan and the Wal-Mart GRAT that billionares use but wondered if it … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,350 satisfied customers
I recently took my elderly parents to an elder law/estate
I recently took my elderly parents to an elder law/estate planning attorney to do their wills. I have a sibling that has cut off ties with family but is also litigious. The will splits any remaining a… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
2,212 satisfied customers
I would like to place a note payable into an irrevocable trust,
I would like to place a note payable into an irrevocable trust, so that my three children can be the beneficiaries of the monthly payments over the next 7 years is that possible? Each will receive les… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
2,212 satisfied customers
I'm trying to help my mom. My grandma passed away and left
I'm trying to help my mom. My grandma passed away and left her house to my mom and uncle, the only 2 children she had. My uncle is the executor of her living trust and he claims he can charge her 15% … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
My mother recently passed away; she left a small trust for
My mother recently passed away; she left a small trust for the (3) siblings with myself as the executor. The trust is at Fidelity Inv. What would be the approximate legal fees if I employee a lawyer?… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,522 satisfied customers
We are thinking about setting up a an irrevocable trust for
We are thinking about setting up a an irrevocable trust for our mother's small estate, which includes a business, some investments and a home. What are the tax implications of doing this ?… read more
Attorney2020
Attorney2020
Lawyer
2,480 satisfied customers
I have managed my family's homesteaded farm property - commercial
I have managed my family's homesteaded farm property - commercial property for 22 years. I started with value of $373,000, had 2005 sale of $5.2 million, and ended having 5 or so acres which couldn't … read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,370 satisfied customers
I was told about something called a "Section 541 Trust" which
I was told about something called a "Section 541 Trust" which was supposed to be the most secure type of irrevocable trust. I want to make sure I understand this correctly. From what I have read, it s… read more
socrateaser
socrateaser
1,031 satisfied customers
I would like to get some information about setting up a trust
I would like to get some information about setting up a trust account. first of all I must say I do not have the slightest idea of what type of trust I want or need, also I do not type fast at all. I … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I currently have a simple will that divides my assets at death
I currently have a simple will that divides my assets at death equally between my 3 children. I think this is all that I need to address my savings (approximately $2MM but not sure if I need to do any… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My father set up a trust with my brother as the trustee to
My father set up a trust with my brother as the trustee and one of the beneficiaries of the trust which was set up to take care of my mother. My father passed on five years ago and my mom passed on in… read more
Thomas McJD
Thomas McJD
Attorney
Doctoral Degree
3,170 satisfied customers
My brother is on ssi and inherited a house and a cd to be used
My brother is on ssi and inherited a house and a cd to be used to feed a special needs trust that was to be set up for him by the successor trustee, who is also the exsecutor and sole income beneficia… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My 2 sister and I are beneficiaries of a trust set up by my
My 2 sister and I are beneficiaries of a trust set up by my grandfather in Indiana. We are to be receiving interest until 2020 not principal. The new trustee has approved for the principal to be distr… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
187 satisfied customers
i have a discrestionary trust that currently holds over five
i have a discrestionary trust that currently holds over five million dollars,to date i have had this trust for more than 20yrs . and so have my 4 siblings who obviously recive far more than me, even e… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x