How do I get a trustee terminated

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How do I get a trustee terminated

My mom recently died leaving me an SSI
special needs trust. The trustee treats me with
no respect and lies to me. Im terminally ill with
stage 4 cancer and this is too much stress

Asked on August 2, 2019 under Estate Planning, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You would have to bring a legal action (i.e. lawsuit) in chancery or equity court (a part or division of county court) for the trustee's removal, and to do so, you'd have to be able to prove not the lack of respect (since the law doesn't actually impose any obligation on trustees to treat their beneficiaries with respect), but that he or she has lied to you about matters concerning the trust. Lying to a beneficiary about things having to do with the trust--i.e. with the trustee's responsibilties--would be a breach of the trustee's "fiduciary duty," or obligation to deal fairly and honestly with the beneficiary. Such a breach could provide grounds to remove or replace a trustee.


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