QUESTION
Appointing a new trustee of a trust.
Asked on Apr 13th, 2021 on Trusts and Estates - Wisconsin
More details to this question:
My elderly mother had appointed my sister as trustee of her trust but now she doesn't trust her and wants to appoint my brother. Can this be done in secret without my sister knowing until my mother's death? My sister has been guilty of elder abuse so she fears her. What would a procedure like this involve?
1 ANSWER
Planning For Your Children Attorney serving Waukesha, WI
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It would depend upon whether your sister is currently a trustee or a sucessor trustee, and what the trust language indicates. If your sister is a successor trustee that moves up to trustee only after your mother is incapacitated, or passes away, then yes, if the trust allows, your mother can amend her trust and then change her successor trustee to remove your sister and add your brother. If your sister is a current trustee, the trust language should dictate on how to remove a trustee and under which circumstances. If the trust language does not allow removal of your sister, and you feel that your mother will possibly be victimized by your sister, then you would have to ask a judge to remove your sister as trustee. Let me know if you have any further questions.
Pamela W. Flores
Flores Legal Group, LLC
pam@floreslegalgroup.com
262.420.8582
Answered on Apr 19th, 2021 at 8:07 AM