I am sure the trustee of my special needs trust has been using my trust's funds for personal use. Under what conditions can he be removed as trustee? What rules and regulations is the trustee legally required to follow as the trustee? What are the requirements of proof I must furnish about any of his inproprieties? Can I just take my suspicions before any judge and expect the judge to ask him? The trustee lives in N.J. and I live in CA and he has not seen me since 1986 and has no first hand knowledge of my disability. He has gradually dispersed less and less monthly payments, until I stopped accepting, hoping the trust would "build up". He has since accused me of "making up" my disability in order to defraud my mother's estate. My mom's will says when I die the balance of my trust rolls over to him. Isn't that a conflict of interest for him as trustee? I am sixty years old and have been almost bedbound for the last eighteen years.
The reasons why a trustee could be removed may be found in the trust itself, or in the common law, if the trustee has breached his fiduciary duty. With a Special Needs Trust, the Trustee has more responsibilities than in a simple trust, and visiting with the beneficiary and being aware of their care needs is a huge requirement. However, if the trust was formed in California, then you need a California attorney, not New Jersey. It doesn't matter where the trustee lives, it matter where the trust was formed.
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