Toney, AL asked in Estate Planning and Family Law for Tennessee

Q: I am sole beneficiary of a trust in TN. A cousin is Trustee and has not acted in my best interest, how do I remove her?

Her house is being rented to family at a reduced rate and they have gone past agreed time.

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1 Lawyer Answer

A: It will require court action- if the trust was part of a will, then file a petition in the estate ( or to re-open a closed estate ) and explain/list the things which the Trustee has done wrong/failed to do. If there was no estate, you simply going to have to file a lawsuit explaining the same things and asking for a substitute trustee. The trust document itself may provide a procedure for replacing the trustee, so that musty be consulted also. You are going to need a lawyer to help you, this is not something you can do properly without professional help.

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