What to do if I was denied the right to act as a trustee for my sons, which was stated in my uncle’s Will?

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What to do if I was denied the right to act as a trustee for my sons, which was stated in my uncle’s Will?

Can they legal do this?

Asked on June 26, 2013 under Estate Planning, Tennessee

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It depends. The will is a different document than a trust. If the will states you shall act as trustee for your sons, then you need to go to probate court and have this ordered as specific performance. There has to be a reason you were denied, so you need to get the underlying order to show why and appeal if the appeal period has not run out.


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