Legal Question in Wills and Trusts in Michigan

Re: Can we get a new trustee of estate?

It depends what the trust says. Most modern trusts allow for the change of the corporate trustee, because people move, banks/brokerage house change hands and things like that. If the document allows for a change, that is relatively simple.

If the document does not allow for a change of trustee, you either have to convince the trustee to resign, or go to court to have them removed--neither of these options are easy.

If you feel they are not making proper distributions, maybe the way to go is to convince them they can make the distributions. Again the language of the trust is very important, as is the value of the trust assets, and some other factors. Merely changing the Trustee does not mean you will get the distributions you want.

My firm has handled numerous cases such as this. Please visit my website, www.probateprince.com for more information about my firm. Feel free to call me or email me directly with more information.

Best regards,

Pat Prince

Re: Can we get a new trustee of estate?

Hello, I have received a copy of your e-mail regarding a trust. The answer is "It depends."

All powers are spelled out in the Trust document. The maker of the Trust sets the rules. The maker can give many or no authority to the beneficiaries. Therefore you have to look at the document to see what rights you have. You can always ask a Court to remove a Trustee for incompetence. However, that does not mean that you would be appointed the Trustee. If you have any further questions please feel free to call me or my associate, Karen Crusse. Estate and trust administration is one of our firm's major areas of concentration. John C. Talpos (248) 743-6800 (http://www.Mich-Lawyer.com)