Can I stop a trustee from removing himself as trustee?
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Can I stop a trustee from removing himself as trustee?
I am 1 of 2 beneficiaries of my grandfather’s estate. The trustee has distributed funds to someone specifically stated in the Trust docs not to get anything. He has both me and my sister who are the 2 beneficiaries. He’s never provided accounting and is now trying to remove himself.
Asked on August 25, 2019 under Estate Planning, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You can't stop him from removing himself going forward, since he cannot be made to serve against his will...but that does not prevent him from being held accountable for what he did as trustee and, for example, being forced to repay any amount(s) he improperly (e.g. against trust instructions) distributed. People are always responsible for what they did up to when they step down. You can file an action "for an accounting" to hold him accountable; it would be a good idea to retain a trusts and estates attorney to assist you.
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