Legal Question in Wills and Trusts in Texas
Removal of a Trustee
I have a trust which designates an executor. someone other than the executor had grantor sign an amendment and a affidavit to revocable trust transfering all property to themself just 3 days before death. Now I need to remove a trustee from a revocalbe trust. and issue letters to the correct person. I am confused as to how I go about this. Do I contest the trust or do I file a petition to remove the trustee and then apply for new letters.
2 Answers from Attorneys
Re: Removal of a Trustee
You need to sit down with an attorney to get this worked out. It's really not something you should be trying to handle by yourself.
Re: Removal of a Trustee
I would have to review the trust agreement and the amendment beofre telling you the options. Also, I don't have enough information about the relationship between the person who received the property and the deceased. Some things to consider are whether or not the new person exercised undue influence upon the person before death, the relationship between the two, and the competence of the settlor.