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If a sole trustee asked a successor trustee to renounce

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himself because she wanted to...
If a sole trustee asked a successor trustee to renounce himself because she wanted to hire a company co-trustee and he did this. Then the trustee that asked him to do this resigned and left it with a crappy crappy company. Would the successor trustee that the grantor and settlor picked be able to re-instate themselves if we asked the court? If you need further clairification, i can provide. It's not as complicated as it sounds.
Submitted: 4 months ago.Category: Estate Law
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Customer reply replied 4 months ago
hello, is anyone going to answer?
Answered in 8 minutes by:
3/17/2018
Estate Lawyer: RayAnswers, Attorney replied 4 months ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,782
Experience: Texas lawyer for 30 years in Estate law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Estate Lawyer: RayAnswers, Attorney replied 4 months ago

Yes you would need lawyer to petition the court to remove the successor trustee and reinstate you.It is possible if you can show the successor is incompetent or self dealing, etc and you are a better choice.The court has the power to reinstate you here.

I appreciate the chance to help you today.Thanks

If you can positive rate 5 stars it is much appreciated.

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Estate Lawyer: RayAnswers, Attorney replied 4 months ago

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Estate Lawyer: RayAnswers, Attorney replied 4 months ago

Law for reference

015 New Jersey Revised Statutes
Title 3B - ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS
Section 3B:31-51 - Removal of trustee.

Universal Citation: NJ Rev Stat § 3B:31-51 (2015)

3B:31-51 Removal of trustee.
3B:31-51. Removal of Trustee.

a.The settlor, a co-trustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.

b.The court may remove a trustee for any of the reasons stated in N.J.S.3B:14-21.

c.Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief as may be necessary to protect the trust property or the interests of the beneficiaries.

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Customer reply replied 4 months ago
Okay but I think you miss understood. Not me, but reinstate someone who in the past renounced themselves but not decided that they would be willing to serve again. The old trustee who breached and was removed asked him and he felt pressured but now he is saying he is willing too again because grantor was his friend. Can his renouncing being turned back, he was a listed successor
Estate Lawyer: RayAnswers, Attorney replied 4 months ago

Only through the courts.And he will need a lawyer to file here, it is bound to be opposed.The only way to reinstate is the judge finding they are not acting properly and need to be removed.You cannot just reinstate, the judge in a petition has to do this.It is not easy,they would need a lawyer.

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Customer reply replied 4 months ago
No he did not resign. The old sole trustee asked him to renounce himself as successor trustee. He didn't resign. I'm not grasping I don't think what your saying. He was never an actual trustee. He was listed as a successor trustee. but the current one resigned.
Customer reply replied 4 months ago
Oh wait, I mean yes, this company is incompentent and being asked to resign we are just thinking of a new successor to be put in place and he might be willing.
Estate Lawyer: RayAnswers, Attorney replied 4 months ago

So he renounced, he would have to petition the court to remove the successor and appoint him.

If you can get successor to resing it would be easier but he would still have to have courts appoint him since he renounced.

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Customer reply replied 4 months ago
Also, we asked this horrifying bank company in PA to resign in a letter. and they just called and were extremely unprofessional and said no not going to with no letter and no explanation...just no and laughter. I had one attorney say that she never not got a letter in return and thought it to be unprofessional and said not to take that as an answer. You want a letter from whomever made this decision. I wanted your opinion on what to do about this. IT's more of the same incompetentness
Customer reply replied 4 months ago
Oh and what is self-dealings examples that a bank could do.?
Estate Lawyer: RayAnswers, Attorney replied 4 months ago

You would have to show they are overbilling, mismanaging funds, self dealing, etc.Again this will be contested so they would need lawyer if you want to fight to remove the successor trustee.Thanks

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Customer reply replied 4 months ago
Did you see what I wrote above about the letter and their response?
Estate Lawyer: RayAnswers, Attorney replied 4 months ago

Yes you are going to have to file with courts and argue wrongdoing here.

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Customer reply replied 4 months ago
i'm sorry you keep mentioning self dealing. What is that again
Customer reply replied 4 months ago
also one other question regarding this case. When the co-trustee resigned there was a self dealing. The corporate co-trustee was involved. The authorized what I call a self dealing, maybe it's not but they too a front end load out of my son's trust unnecessarily right before he goes to college. And the co-trustee resigned and I didn't hold the corporate trustee liable. But now they are sole trustee and it is bleeding over and they continue to be incompentent and untrust worthy regarding the trust and they are trying to say that I can't bring up the past mishap because I released them of it. Just because I was kind enough to do so doesn't mean this relationship is salvagable at this point and I do believe I can bring that up, even though I released them of it in the past. NO?
Customer reply replied 4 months ago
can you let me know if your not going to answer this last part of my case?
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