Legal Question in Wills and Trusts in Florida
My mother chose three of us kids as trustees, One of us three is shirking their duties, which in turn is holding up forward progress in taking care of her wishes. My mother's trust states that if one of the trustees is unable or cannot fulfill their duties, then they can resign and another will be chosen. All of that to ask this, can I and the other active trustee expell her as a trustee? we are trying to open another bank account and they are stonewalling our progress. Thank you in advance for any guidance you can provide.
1 Answer from Attorneys
No -- you would need a court to do that. The trust does not require unanimity does it? If not 2 or 3 can make decisions if she is too busy to do so. Call meeting and follow the terms of the trust and then vote on what is to occur. Follow the trust rules; you mau not need heragreement or action if action can be taken by a vote of the majority.
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