How can I request a new trustee on my trust fund if I feel the current one is not impartial?

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How can I request a new trustee on my trust fund if I feel the current one is not impartial?

I have a trust fund left to me by my grandmother. It states that I may withdraw up to half of the original amount when I turn 25 (I am 20 now). I have asked the trustee to release funds for me to pay for college but she refuses saying that she knows that money was for a house. I read the trust fund papers and I clearly remember it saying that it was for a home OR education. My aunt (the trustee) is not impartial towards me because her brother (my father) molested me and I had a restraining order put against him. she believes nothing happened and has told me that she believes I made it up.

Asked on June 19, 2012 under Estate Planning, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What you would wish to di is to have your Aunt relieved as the trustee.  It is up to the beneficiaries of the trust to "police" the trustee, so to speak.  The action is known as an abuse of trust case. I think that your angle here is a conflicts of interest one where you would allege that the trustee has personal reasons in acting in a way that goes against the wishes of the deceased and best interests of you as the beneficiary. Speak with an attorney in your area.  Good luck.


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