If according to our trust, a trustee may at any time be removed by majority vote by instrument in writing, is this something we have to file in court?
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If according to our trust, a trustee may at any time be removed by majority vote by instrument in writing, is this something we have to file in court?
Or can a letter be presented to the trustee by the beneficiaries?
Asked on October 23, 2012 under Estate Planning, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Here is the thing: if the Trustee will not go peacefully and relinquish their post you are going to have to formally remove him or her anyway. And generally speaking, it requires more than just a dislike of the trustee or hostility or friction to remove one, even if the trust calls for it. I would speak with an attorney who is familiar with your state laws on removal and bring a copy of your trust document and a list of your reasons. Good luck.
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