Legal Question in Wills and Trusts in Iowa

Can a trustee (revocable trust) be removed for unethical financial dealings & criminal actions in his personal business? There is a 'no contest' clause--would this be triggered by asking for a review of ability to serve? The trustee has a long history of DUI & public intox charges and has not paid at least three (that I know of) judgements stemming from lawsuits regarding unethical business deals, dating back 4 years. Additional past judgements were settled via liens due to his refusal to pay court ordered judgements.


Asked on 2/22/13, 11:08 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

You need more than a free advice posting to review this matter. I suggest that if you have a dog in this fight that you review the terms and conditions of the trust agreement with an attorney that works in the field. My sense of it is that this person may be deficient in their personal finances but if it does not affect the operation of the trust that you';d have little success in having them removed because of a messy personal life.

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Answered on 2/23/13, 8:23 am


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