If I put property that was owned by myself and my mother into a revocable trust with her as settlor and both of us as co-trustees, can she now have me removed as co-trustee?

She is now trying to take my half of the properties and put my brother as co-trustee. What can I do?

Asked on November 10, 2011 under Estate Planning, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the trust agreement sets forth that you and your mother are both co-trustees and co-settlors, she cannot unilaterally remove you as a co-trustee unless the following happens:

1. there is a court order removing you as such;

2. the terms of the trust that you have written about expressly set forth a basis for your removal as a co-trustee.

I suggest that you consult with a Wills and trust attorney. Good luck.

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