Legal Question in Wills and Trusts in Utah
Can a grantor irrevocable trust be made to replace exsisting irrevocable comple
The present trustee is exceeding all legal trustee duties
by doing things without the trustowners knowledge or consent.
Such as making a complex trust for a man thats been dead
for over 12 years and makng himself trustee of that trust
plus recording properties into this trust as well as the children.
The trustee has had trusts made for the children of trust
owner has deeded recorded properties to children without trust owners knowledge. Can the trust owner make
a new trust replace trustee with new trustee and delete current trust? What can trust owner do to correct this
outof control trustee situation? Appreciate a response on
this very critical problem.
1 Answer from Attorneys
Re: Can a grantor irrevocable trust be made to replace exsisting irrevocable co
Your question is a bit confusing. Here is a general response, call for further discussion.
There are 2 major types of trusts: revocable (living) and irrevocable. In the first the trustee is generally the grantor or creator of the trust. The second arises when the grantor(s) dies, or intentionally. Either way an irrevocable trust allows the trustee to perform such acts as he deems appropriate under the trust. IF the beneficiaries think the trustee is exceeding his powers, they may file suit to challenge the trustee's actions and to require an accounting of what he has done. If the trustee has breached his responsibilities, he may be held personally liable. The terms of the trust govern his acts. If you want to challenge the acts of a trustee, you must first get a copy of the trust and then seek to determine whether the trustee's acts fall under the trust terms.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
