Fairfax, VA asked in Estate Planning for Virginia

Q: As administrator of estate can i terminate trustees duties

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1 Lawyer Answer

A: An Estate and a Trust are to wholly different entities. One entity may owe duties to the other. The Estate is governed by a Will, or if there is no will by the laws of intestacy. The Trust is governed by the Trust document(s). Both entities have additional duties and requirement imposed by the Commonwealth of Virginia.

There is nothing about being an Administrator of an Estate that automatically gives you powers over a Trustee of a related Trust. There may be something in the Will or related Trust document(s) that gives you some power.

If the assets at issue are large, or the problems are substantial, it is time to speak with an attorney.

Feel free to contact my office to set a consultation to discuss the matter privately if you are in Northern Virginia. If not, I may have recommendations for you in other parts of the state, or at least can give you a number for a lawyer referral service.

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