How do I get someone removed from a trust thatI have 50% of the rights to?

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How do I get someone removed from a trust thatI have 50% of the rights to?

My father passed and his trust was set up with his wife and I as co-trustees. She thinks I have no say so in the matter and is renting a house that is in the trust without my permission.

Asked on October 2, 2010 under Estate Planning, Oklahoma

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for you loss and for your troubles.  In order to make an application to the court (called a Petition) to remove a trustee from a trust you must show that the trustee in some way breached their fiduciary duty.  A fiduciary duty is, most of all, to adhere to the guidelines of the trust within the confines of the law. It is known as a "breach of trust."  Generally the co-trustees must act together (if three or more then a majority rule applies) and the actions here of your step-mother may be in-opposite of the obligations under the law in your state.  You should seek help from an attorney in your area.  Good luck.


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