How do I get a trustee terminated

UPDATED: Oct 2, 2022

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How do I get a trustee terminated

My mom recently died leaving me an SSI
special needs trust. The trustee treats me with
no respect and lies to me. Im terminally ill with
stage 4 cancer and this is too much stress

Asked on August 2, 2019 under Estate Planning, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You would have to bring a legal action (i.e. lawsuit) in chancery or equity court (a part or division of county court) for the trustee's removal, and to do so, you'd have to be able to prove not the lack of respect (since the law doesn't actually impose any obligation on trustees to treat their beneficiaries with respect), but that he or she has lied to you about matters concerning the trust. Lying to a beneficiary about things having to do with the trust--i.e. with the trustee's responsibilties--would be a breach of the trustee's "fiduciary duty," or obligation to deal fairly and honestly with the beneficiary. Such a breach could provide grounds to remove or replace a trustee.

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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