Can a trustee be removed?

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Can a trustee be removed?

My grandparents passed and left my aunt as the trustee, along with my uncle’s half. She is

supposed to give him money to live, pay for expenses, etc. However, he hasn’t received anything. How can I find out what he should receive and that his money is put away for him? What can I do?

Asked on October 4, 2016 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can't do anything, unless you have power of attorney for your uncle or unless he has been determined to be mentally incompetent and you have been appointed his legal guardian; otherwise, you have no authority to act on his behalf. Your uncle, or someone with the authority to act for him can, if it's believed that the aunt is not honoring or competently following the terms of the trust, may bring a lawsuit in surrogates or chancery court for an "accounting"--that is, to require her to account for what she has done as trustee. If she is found to have acted improperly, she can removed as trustee and/or required to pay compensation to your uncle. This type of action is procedurally complex; if you want to explore it, you are advised to retain an attorney to help.


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