Legal Question in Wills and Trusts in New Jersey
My father passed away, through his will we are to create 2 trust accounts, 1 for each granddaughter. Dad named 2 co- trustees, one of the trustees wishes to resign and we wish to replace him with my wife. How do we accomplish this?
Asked on 1/08/10, 8:18 am
2 Answers from Attorneys
Jonathan Chester
The Law Office of Jonathan S. Chester, Esq., LLC
If your wife is not named as a successor trustee in the will, you will need to file a complaint with the probate court seeking her appointment as trustee. Assuming everyone is 'on board' with this decision, it should be fairly easy to do. However, you should have an attorney help you with the court proceeding.
Answered on 1/13/10, 8:33 am
Richard Vallario
Richard W. Vallario Law Office
It also depends on the wording of the Will. It is somewhat common to provide that if one co-trustee fails to complete his or her term, that the remaining Trustee serves alone.
Answered on 1/14/10, 6:25 am
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