Can I sue A trust and ask the court to have the executor removed?

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Can I sue A trust and ask the court to have the executor removed?

I feel that I have been deceived by them.

Asked on October 25, 2016 under Estate Planning, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are (I presume) a beneficiary of the trust and so have some direct economic stake in its administration, then yes: you can bring a lawsuit in chancery court (that's a division or part of "regular" county court) on the basis of "breach of fiduciary duty" (the trustee, who may also be the executor of a will, violating his or her duty of loyalty and good faith to the beneficiaries). In that suit, you can seek a different trustee and/or seek to have the trustee reimburse any amounts improperly taken or disbursed from the trust. It would be a good idea to hire an attorney to help you--this is a much more complex matter (and chancery court is generally a more complicated court) than, say, something you'd file in small claims.


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