QUESTION

how to remove a co-trustee from a trust who refuses to resign

Asked on Jul 30th, 2014 on Trusts and Estates - New Jersey
More details to this question:
upon my father's death, his will provided that his assets be put in a trust for my mother. The lawyer who set up the trust made himself a co-trustee with my mother as the other co-trustee and has neither advised on the trust and has had no contact with my mother in over a decade. He became hostile when he was asked to resign so my sister could become co-trustee and refused to resign without being paid a significant amount of cash for which he has done nothing in 30 years. Can we have him removed?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
Yes - you can have the lawyer removed, but this will require filing an complaint and Order to Show Cause with the Probate court in the county in which the trust was created.  this is not something that you will be able to do yourself and will require hiring an attorney. 
Answered on Jul 31st, 2014 at 7:50 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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