Can I sue A trust and ask the court to have the executor removed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I sue A trust and ask the court to have the executor removed?
I feel that I have been deceived by them.
Asked on October 25, 2016 under Estate Planning, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you are (I presume) a beneficiary of the trust and so have some direct economic stake in its administration, then yes: you can bring a lawsuit in chancery court (that's a division or part of "regular" county court) on the basis of "breach of fiduciary duty" (the trustee, who may also be the executor of a will, violating his or her duty of loyalty and good faith to the beneficiaries). In that suit, you can seek a different trustee and/or seek to have the trustee reimburse any amounts improperly taken or disbursed from the trust. It would be a good idea to hire an attorney to help you--this is a much more complex matter (and chancery court is generally a more complicated court) than, say, something you'd file in small claims.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.