I have a trustee that is not following what is demanded of him in the trust of my grandfather. He is supposed to be showing us accounting every 6 months and letting us know any changes in our investments. If he is not following the trust are we allowed to handle our own trust?
M.D., Member in Good Standing of the California and New York Bar
You cannot handle our own trust but if the trustee is breaching their "fiduciary duty", you can make application to the court to force an accounting and, possibly, removal of the trustee as well.
Generally, the trust document dictates how to remove the trustee and who the successor trustee will be. Please contact me to discuss your options in more detail. John R. Tatone 586-868-5100