If the trustee of my children’s trust has not followed the trustor’s wishes, what can they do?

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If the trustee of my children’s trust has not followed the trustor’s wishes, what can they do?

He is not following his mother’s wishes.

Asked on February 24, 2013 under Estate Planning, Oklahoma

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

Assuming your children are beneficiaries of the trust, and they are minors, and you are their mother, then you need to obatin probate litigation attorney to represent you to file a petition in probate court to  be appointed their guardian ad litem of the children, and file a petition to force  the trustee into compliance with the trust provisions or be removed as trustee. If the children are not minors, then they should join to gether to obtain probate litigation counsel to file a petition in the probate court to compel compliance of the trustee to the provisions or removal of the trustee and have someone else appointed to carry out the provisions of the trust. Recommend removal of trustee.

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

The trust code of your state includes provisions to enforce the trust and carry out the intentions of the trustor.  You should consult a trust attorney in your area (look under wills, trusts, estates, probate) about your options.  They range from communicating with the trustee to alter his actions, to court orders requiring certain actions, to removing the trustee.


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