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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?

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Answered in 2 minutes by:
3/14/2018
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 13,854
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Customer reply replied 5 months 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.

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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: 13,854
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
Verified
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Customer reply replied 5 months ago
OK. I understand that lack of communication can justify filing of a petition for the Trustee's removal. Correct?
Customer reply replied 5 months ago
How can I prove that the Trustee does not communicate?
Customer reply replied 5 months ago
Are you there?
Joycelaw
Joycelaw, Attorney
Category: Estate Law
Satisfied Customers: 124
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