Can I stop a trustee from removing himself as trustee?

UPDATED: Oct 2, 2022

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Can I stop a trustee from removing himself as trustee?

I am 1 of 2 beneficiaries of my grandfather’s estate. The trustee has distributed funds to someone specifically stated in the Trust docs not to get anything. He has both me and my sister who are the 2 beneficiaries. He’s never provided accounting and is now trying to remove himself.

Asked on August 25, 2019 under Estate Planning, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can't stop him from removing himself going forward, since he cannot be made to serve against his will...but that does not prevent him from being held accountable for what he did as trustee and, for example, being forced to repay any amount(s) he improperly (e.g. against trust instructions) distributed. People are always responsible for what they did up to when they step down. You can file an action "for an accounting" to hold him accountable; it would be a good idea to retain a trusts and estates attorney to assist you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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