What to do if I serve as co-trustee with 2 siblings of our mother’s irrevocable Trust, and she, 1 sibling and myself want the third sibling removed from the Trust?

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What to do if I serve as co-trustee with 2 siblings of our mother’s irrevocable Trust, and she, 1 sibling and myself want the third sibling removed from the Trust?

This is due to their uncooperative behavior. Are we permitted to file for removal in the county in which the Trust was established?

Asked on December 5, 2014 under Estate Planning, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the provisions of the trust include a procedure for removal of a trustee, follow that procedure.

If the trust is silent regarding removal of a trustee, you, your mother and your sibling can petition the court to have the other trustee removed.  The appropriate court with jurisdiction is in the County where the trust was established.


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