What to do if I’m a beneficiary of a Trust and the trustee is no longer able to perform their duties?

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What to do if I’m a beneficiary of a Trust and the trustee is no longer able to perform their duties?

We are trying to have them replaced with the next person in line who is supposed to take over in this case. However, the attorney of the estate is not moving forward on the matter and will not communicate consistently with any of the beneficiaries regarding this matter. How should I proceed to have the current trustee replaced? And is there a way to do it without having to hire an outside attorney?

Asked on July 25, 2014 under Estate Planning, North Carolina

Answers:

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

Answered 7 years ago | Contributor

The attorney for the trust represents the trust and the trustee, not you as the beneficiaries. So that may be why in fact you have had very little contact with him or her.  A court proceeding has to be filed stating the reasons and providing proof to the court of their inability to perform their duties.  The trustee may defend his or herself with trust funds so be careful.  You will have to hire counsel out of your own pocket.  Good luck.


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