QUESTION
How can we remove a co-trustee from our mothers will?
Asked on May 11th, 2011 on Estate Planning - Florida
More details to this question:
Mom's (now deceased) living trust named her broker as a co-trustee and they've taken over everything with exorbitant fees. The trust includes a clause that says that the remaining beneficiaries can remove a trustee by delivering an "instrument in writing executed with all the formalities od a dee". What kind of document is this?
3 ANSWERS
Trusts & Estates Attorney serving Camarillo, CA
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Law Offices of Larry Webb
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You should consult with an estate litigator. It sounds like you need to challenge the trustee in court.
Answered on May 16th, 2011 at 11:24 AM
Theodore W. Robinson
It sounds like what you meant to write is "with all the formalities of a deed" but it came through differently. What that means is a formal document with an "acknowledgement" on it which verifies that it was the appropriate person who signed it. You may need an attorney to properly prepare it for you just to make sure it's done properly. By the way, if the broker "churned the account" then you may have a cause of action for abusing the Trust they've been given and you should speak to an attorney about that as well. Good luck.
Answered on May 13th, 2011 at 11:00 AM
Trusts and Estates Attorney serving Jacksonville, FL
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Law Office of David M. Goldman PLLC
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Your trust is irrevocable, you need to evaluate it under the current trust laws and the date it was formed. It may be as simple as sending them notice of removal with two independent witnesses but it may require more, you should have the documents evaluated by a Florida Estate Planning Lawyer to determine what must be done in your circumstances.
Answered on May 12th, 2011 at 11:33 AM