Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I am the Grantor of an Irrevocable Trust who lives in

I am the Grantor...

I am the Grantor of an Irrevocable Trust who lives in Georgina and have an and my sister is the Trustee who lives in Florida. I cannot get an accounting from her, because she does not communicate with her me. The Trust was executed in Florida, but it has a caveat that indicates that it was executed in Georgia and must follow Georgia law in the to be

Lawyer's Assistant: What documents or supporting evidence do you have?

I have an Irrevocable Trust and no other supporting evidence. I have not asked for an accounting, because of lack of communication, and I have not sent her a letter.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, how can I remove her as the Trustee and assign another person as Trustee?

Show More
Show Less
Ask Your Own Estate Law Question
Answered in 2 minutes by:
3/14/2018
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 12,570
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Estate Law Question
Customer reply replied 1 month ago
OK. I tried to edit my question, but I could not.

Normally the trust document itself will specify how to replace a trustee. If this is not so, then generally the grantor, trustee and beneficiaries must all agree and sign a written agreement to that affect; the successor trustee would then be added by amendment to the trust.

If this is not an option the party wishing to change the trustee would need to file a petition with the court requesting that the court remove and appoint a successor trustee.

Generally this will require a breach of fiduciary duty imposed on all trustees; this can include failure to communicate as well as self dealing or engaging in other conduct contrary to the trust's intent.

Ask Your Own Estate Law Question

I'm sorry; I'm not set up for phone calls so your request has been placed in that queue so a contributor should be contacting you when they receive the request.

LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 12,570
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
Verified
LegalGems and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
OK. I understand that lack of communication can justify filing of a petition for the Trustee's removal. Correct?
Customer reply replied 1 month ago
How can I prove that the Trustee does not communicate?
Customer reply replied 1 month ago
Are you there?
Joycelaw
Joycelaw, Attorney
Category: Estate Law
Satisfied Customers: 114
Verified
Phone call session started
Was this answer helpful?
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 12,570
12,570 Satisfied Customers
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor

LegalGems 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

5,488 satisfied customers

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

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
I need an attorney to change my deed to a Revocable
I need an attorney to change my deed to a Revocable Trust.....vetting for a reasonable amount?… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
What happens to the files of your deceased attorney. Ohio.
What happens to the files of your deceased attorney … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
My husband and I are yrs old.we are in good health,we own
My husband and I are 69 yrs old.we are in good health,we own our home but need to know legal info on if we need to go to nursing home can we transfer home to our sons and will. Medicare pay our nursin… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
I am filing a petition to probate in solemn form in Georgia
I am filing a petition to probate in solemn form in Georgia as my brother died and I am executor. I need to get all heirs to sign. Do I share a copy of the will with the heirs even if they are not ben… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,287 satisfied customers
Need to find someone who will explain Trust document. My
Need to find someone who will explain Trust document. My Mother passed 2 years ago and the executors have not disbursed all of her estate and assesses. My question is how long can they wait to disburs… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
The Schick Family Trust (a living trust) was established in
The Schick Family Trust (a living trust) was established in 1997 and has not been modified since its creation. The trust settlors (Paul and Rosemary Schick) are now deceased – Paul in August 2017, Ros… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
My mom helped my wife and I buy a home in 2006. She was the
My mom helped my wife and I buy a home in 2006. She was the "good credit" portion of the transaction, and has never paid a penny into the house, or lived in it. She merely helped her son and his famil… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,238 satisfied customers
I HAVE A FAMILY MEMBER ( MOTHER) WHO WAS PLACED IN A
I HAVE A FAMILY MEMBER (FOSTER MOTHER) WHO WAS PLACED IN A RETIRMENT HOME TYPE PLACE WITHOUT HER CONSENT AFTER GIVING A COUPLE (NOT HER FAMILY) POWER OF ATTORNEY TO HELP HER WITH FINANCES. SHE IS GETT… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
My mother passed away this week. I hear there is a burial
My mother passed away this week. I hear there is a burial allowance of roughly $250. What form or how do I apply for this benefit? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,238 satisfied customers
I am a Maryland resident. My mother had a trust, but had
I am a Maryland resident. My mother had a trust, but had dementia. She wrote the addresses of her properties in pencil in the assets of the trust book she had been given. I was required to pay a proba… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,724 satisfied customers
Real estate question:state ILLINOIS. is a realtor and is
Real estate question:state ILLINOIS. Jane is a realtor and is Buyer's Agent(buyer:Mary).Jane does not have a writtem Buyer's Agent agreement,just verbal,and Jane has shown Mary properties and has writ… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
My cousin died in Maryland and no other relative was willing
My cousin died in Maryland and no other relative was willing to be administrator but me. Those closer to her in blood line have said they want nothing. But the County says then the County will take ev… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I need to know in the state of texas, is there a law about
I need to know in the state of texas, is there a law about having more than one beneficiary listed on a life insurance policy … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
My mother lives in Indiana. She requires 24 X 7 care that my
My mother lives in Indiana. She requires 24 X 7 care that my sister and I cover. My sister donates her time and I send money each month to pay for care givers. My brother does not help. The three chil… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
My father passed away 2 weeks ago. He has a will and a
hi My father passed away 2 weeks ago. He has a will and a designation of beneficiary. besides the insurance policy he had a an ***** ***** account. I called to let them know he passed and what they ne… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I am trying to find out what legal steps are necessary to
I am trying to find out what legal steps are necessary to disclose the Beneficiary on our Mothers Annuity … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
My Grandma is in a nursing home and on Medicaid. We are in
My Grandma is in a nursing home and on Medicaid. We are in the process of selling her home. We are tenants in the house. Our name is ***** ***** deed. Does Medicaid get all the profit from the home? … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
I am the grantor on a irrevocable trust instrument that has
I am the grantor on a irrevocable trust instrument that has expired after 20 years. ( i placed my home that I purchased into this trust and to protect my children if I should die before the trust expi… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 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