Florence, AL asked in Estate Planning, Appeals / Appellate Law, Juvenile Law and Land Use & Zoning for Alabama

Q: Can a trustee be replaced with a conservator because trustee is incompetent (82 yrs old/unhealthy/nearly deaf)? Case?

1 Lawyer Answer
Jack T. Carney
Jack T. Carney
  • Estate Planning Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: If a Trustee serving under a trust agreement becomes incapable of serving in his or her role, a beneficiary can petition a court to remove that Trustee and replace them with a successor Trustee pursuant to the terms of the document. If the document has no provisions for a successor or if, for example, all of the successors are deceased, then a court would choose a successor Trustee (which can be a person or entity nominated by a beneficiary). A conservator for the incapacitated Trustee could not assume their role as Trustee. Good luck!

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