Legal Question in Wills and Trusts in Arizona
family trusts
my father died recently. my stepmother is trustee. my stepsister is also acting trustee, we (my father's side are beneficiary to his trust) my stepmother and beneficiaries are in agreement to change my stepsister from being a trustee and replacing her with my stepbrother and adding my sister, from my father's side. ques:must we have legal representation or can we petition the court ourselves to make these changes?
3 Answers from Attorneys
Re: family trusts
You should hire an attorney to review the trust documents and advise the trustee on what she has the power to do. The trustee is limited by the terms of the trust.
Re: family trusts
Yes, the trustee is limited by the terms of the trust. But the court has authority to change trustees, or even the terms of the trust, and the beneficiaries may have authority to remove without a court order.
We offer free, no obligation consultations to review documents and answer all questions. Call 480.835.1500 if you would like to speak with me. I have 27 years experience and have modified trusts in court many times.
Re: family trusts
The answer depends upon the provisions contained in the trust agreement. If there is any doubt, you can petition the court for approval of the appointment of new trustees.
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