Q: Do I need a lawyer to have a Trustee removed from a trust and where would I get the paper work to file this petition?
My mother left a revocable trust and my brother was left to take care of this when she passed, well before she passed my brother and my mom got in a tiff and he said he washed his hand's of this and thru the book at the second in line for taking care of business. well nothing was done in writing and so my second brother is unable to get the money and things to divide between the 5 of us. Now can I force the first one to do as he promised my mom and dad, because I am the third trustee in line and I am ready to get this over with.
A: If your brother will no sign a written resignation then you will need to go to court to get him removed. This is not a do it yourself project.
A: If this is a contested matter I recommend a lawyer. Your brother may be able to sign a declination to serve as trustee which would put the 2nd named trustee in control. If he won't sign then you will need to have it done through the Courts.
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