Legal Question in Wills and Trusts in Arizona
Updating a Trust
Is it possible to remove a trustee, and/or add a new trustee,to an existing Trust? If so, how?
Asked on 12/28/04, 7:22 pm
2 Answers from Attorneys
Gerd Zimmermann
zimmermann nielsen & colleagues
Re: Updating a Trust
In principal yes, but it is necesary to review the statues of the trust
Answered on 12/28/04, 9:41 pm
Donald Scher
Donald T. Scher & Associates, P.C.
Re: Updating a Trust
yes, it is possible to remove a trustee. First, look at the trust agreement for provisions regarding the removal of a trustee. A trustee can be removed for wrongdoing or breach of fiduciary duty as trustee. Some action may be taken under the terms of the trust agreement, or taken by an action in the probate court. You should have some good cause for the action to remove the trustee, not just that you are unhappy with the trustee's exercise of his discretion which the trustee is authorized and directed to do.
Answered on 12/28/04, 10:55 pm