Q: I need to remove a trustee that has used the trust for her own personal gain. In fact she made changes to the original.
The changes were made while the successor was in declining health and could no longer care for herself. The trustee became the trustee after the successor died. The trust lawyer gave the trustee rules to follow and as such, the trustee violated those rules. The trustee is also a beneficiary and took over the other beneficiary's part of the trust. This trustee had hired her own broker, fired the trust lawyer and hired her own because the other beneficiary had evidence of the trustee violating the trust. How can the beneficiary proceed to remove the trustee as the beneficiary does not live in the state the crime was committed?
File an action in court to remove the trustee.
Look at the wording in the trust. Does it say that the "situs" of the trust is in a certain state? If so, file the action in that state.
The wording of the trust may also specify in which state a trust action must be filed. If that language is in there, file in that state.
Bruce Alexander Minnick agrees with this answer
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