Changing Trustees Of A Trust
Revocable trusts can bring in income to the grantor during their lifetime. Revocable trusts allow one to avoid probate upon their passing. All assets in a revocable trust are transferred to the Trust.
How To Change Trustee On Revocable Trust
Trustees can be easily changed on a revocable trust since the trust instrument’s grantor is still alive and in charge, and changing the trustee is as simple as adding an amendment to an existing trust. You can write a new Trust and nullify the old Trust. You do not need to involve the courts unless the grantor is unable to make these sound decisions. It is essential to get a trust attorney engaged in setting up a revocable trust. They can also assist in how to change trustees on revocable Trust.
Irrevocable trusts are Trust instruments that are permanent. An irrevocable trust is appropriate in certain situations, such as protecting assets from estate taxes, allowing a beneficiary to receive disability and Medicaid payments, and to protect your assets from lawsuits. People who require irrevocable trusts are usually those in professions that tend to get sued. You cannot change an irrevocable Trust unless the courts approve the change.
How To Change The Trustee Of An Irrevocable Trust
It is not easy to change the trustee on an irrevocable trust. To remove a trustee from an irrevocable trust, there should be court involvement. A party who is interested in the Trust is required to file a petition requesting the change of trustee to the appropriate courts. Parties with interest include beneficiaries and co-trustees of the original trust instrument. Usually, there is a successor trustee named in the trust instrument. The courts will also have the option of naming a different trustee. If you have an interest in a Trust and are looking to change the trustee, you will need to seek legal counsel to guide you in changing the trustee of an irrevocable trust.
How To Remove A Trustee From A Trust
The path to the removal of a trustee from a trust varies depending on the type of Trust. These paths are very different, depending on whether the trust instrument is revocable or irrevocable. Best path is to speak to an trust attorney who specialize in trust litigation. Removing a trustee, though doable, incurs a cost to a beneficiary. Many times, however, it is the only path.
Removing A Trustee From A Revocable Trust
Since the grantor is alive and completely in control of a revocable trust, it is easy to remove a trustee. As long as the grantor is still in possession of their mental faculties, they can make changes to their Trust through simple amendments. A trust attorney can guide you on which option works best for you.
Removing A Trustee From An Irrevocable Trust
Due to the way that irrevocable trusts are created, there needs to be court involvement to remove a trustee. The only people who can begin the process of removing a trustee from an irrevocable trust are those with interest in the Trust. The shortlist of those with interest includes beneficiaries and co-trustees. Reasonable grounds for removal of a trustee include:
- Collusion with one or more beneficiaries against other beneficiaries.
- Commingling trust funds with personal funds.
- Failing to follow the rules of the Trust.
- Misappropriation of funds from the Trust.
The interested parties can start the process by petitioning the court. If the irrevocable trust instrument has been initially set up correctly, a successor trustee is usually named within the document. There should be evidence as to the reason why a trustee should be removed. The court will hold a hearing to review the evidence. This also allows the trustee to respond to any allegations made in the petition legally. If you face a petition removing you as a trustee from an irrevocable trust, you will need to seek legal counsel to guide you through the court process.
When To Seek Legal Counsel
You should always seek advice from a trust attorney during the creation of a trust. If you are a trustee, a trust attorney can help guide you in your best trust management. If you are an interested party wondering how to remove a trustee from a trust, you will need legal guidance through the court process.
Meet Our Team
California Trust & Probate Litigation Lawyers
Are you looking for an estate litigation attorney in your area? When it comes to the practice of Trust and estates, it can be difficult finding an attorney that’s experienced in handling your specific issues.
- Can a Trustee sue on behalf of the trust
- Can a Trustee be held personally liable
- Can a Trustee remove a Beneficiary from a trust
- Settling a Trust After Death
- Being a Trustee of a Trust
Request a Case Review Today Call us at 949-706-7300CO-TRUSTEE DUTIES Administering a trust is never a walk in the park. That's why estates retain the services of trust attorneys to help trustees figure things out. Even if a trust has named several trustees,...
Trustee & Co-Trustee Not Getting Along