Vermont Motion for Replacement of Trustee

In most cases, a Trustee can be changed after a California Trust becomes irrevocable.Some Trusts allow the Trust beneficiaries to make this change, some Trusts allow another person who is not a beneficiary to make this change, and some Trusts only allow a change where the Trustee voluntarily resigns from office.

A petition for removal of a trustee can be filed by either a co-trustee or a beneficiary. This process can be further complicated if beneficiaries are also designated as trustees. The petition may also seek financial damages from the trustee.

Nolo's Living Trust does not currently allow you to name an institution as successor trustee. If you want to do so, you will need help from an attorney. Normally, your first choice as successor trustee should be a flesh-and-blood person, not the trust department of a bank or other institution.

Typically, the named successor trustee to a trust does not take over until the existing trustee stops serving, whether due to his or her resignation, removal, or death.First, the trustee can use the trust funds to fight the court case. Second, the court will first seek to advance the trust grantor's intent.

You can change your living trust, usually without incurring lawyer bills.Because you and your spouse made the trust together, you should both sign the amendment, and when you sign it, get your signatures notarized, just like the original. Another way to go is to create a "restatement" of your trust.

If you fail to receive a trust distribution, you may want to consider filing a petition to remove the trustee. A trust beneficiary has the right to file a petition with the court seeking to remove the trustee. A beneficiary can also ask the court to suspend the trustee pending removal.

In most cases, a Trustee can be changed after a California Trust becomes irrevocable.Some Trusts allow the Trust beneficiaries to make this change, some Trusts allow another person who is not a beneficiary to make this change, and some Trusts only allow a change where the Trustee voluntarily resigns from office.

Yes,it us quite possible to change any trustee of a charitable trust. The procedure for bringing this change is to pass a resolution in the meeting of the board of trustees related to the issue. There should be a genuine reason for the change.

Trust agreements commonly have provisions that allow beneficiaries to remove or replace a trustee. Usually a majority vote of the beneficiaries is required. Often the trust agreement provides that a trustee may only be removed for cause.