If I put property that was owned by myself and my mother into a revocable trust with her as settlor and both of us as co-trustees, can she now have me removed as co-trustee?
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If I put property that was owned by myself and my mother into a revocable trust with her as settlor and both of us as co-trustees, can she now have me removed as co-trustee?
She is now trying to take my half of the properties and put my brother as co-trustee. What can I do?
Asked on November 10, 2011 under Estate Planning, Indiana
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If the trust agreement sets forth that you and your mother are both co-trustees and co-settlors, she cannot unilaterally remove you as a co-trustee unless the following happens:
1. there is a court order removing you as such;
2. the terms of the trust that you have written about expressly set forth a basis for your removal as a co-trustee.
I suggest that you consult with a Wills and trust attorney. Good luck.
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