QUESTION
How do I change the trustee of my special needs trust fund?
Asked on Dec 26th, 2014 on Litigation - New Jersey
More details to this question:
The trustee is my brother-in-law and he is being totally unreasonable. We made an agreement concerning the request for checks which he has abused. I found a car I wish to buy. I have done everything necessary to make sure I'm not being ripped off. His delays have resulted in my being emotionally drained and upset. My therapist (whom he has spoken to) & supports me, feels this has turned into bullying, control issues, and emotional abuse. Our family lawyer (he has spoken to him, too) also supports me. Unfortunate, his background is not in trusts. Thank you. Any help is greatly appreciated.
2 ANSWERS
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Edward J. Dimon
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The key to success is careful and detailed written documentation. You must make a clear and concise and detailed record of all that is happening to you. And have your doctor put in writing his medical opinion as to what should happen. You must have your attorney put it in writing his opinion. You must have your counselor put in writing what their opinion is as well. If you have this written documentation, you will be successful. Please email this documentation to us. Edimon@cldds.com
Answered on Dec 27th, 2014 at 7:04 PM
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There may be a provision in the trust that explains how to change a trustee. If your btoher in law agrees to step down, he can probably resign and can also probably name a new trustee. In order to answer the question, it would be necessary to look at what the trust allows. If there is nothing in the trust to allow for the replacement of a trustee, you would have to make an application to the court for the change.
Answered on Dec 27th, 2014 at 2:28 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship