Ifa trustee does not follow the will exactly, can this be look upon him contesting the Will. I know he can be removed by not doing his duties
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Ifa trustee does not follow the will exactly, can this be look upon him contesting the Will. I know he can be removed by not doing his duties
I know he can be removed for not doing his fiduciary duties.
Asked on November 1, 2011 under Estate Planning, Utah
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss and for the problems that seem to be cropping up here. I am making certain assumptions here. First, that there is in effect a trust that was created through a last Will and Testament of the decedent. This is known as a "testamentary trust." But I think that you may be a bit confused by what is happening and the correct terms used. A trustee breached their fiduciary duty when they do something in opposite of the wishes f the decedent and to the detriment of the estate or trust. That is not contesting the Will. Contesting the will is to file a formal document challenging it as valid - due to some extrinsic reason usually like undue influence - and thus its contents. Next I am assuming that the trustee is doing something that you are not fond of with the trust assets. But to be a breach the actions have to be pretty significant. I would consult with an attorney on your area. Good luck.
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