Atlanta, GA asked in Estate Planning for Arkansas

Q: How do we officialize the changing of the trust by the primary beneficiaries when there'sno indication court's needed?

The trust does not state any court action is required to remove/change the trustee, and we had to change the trustee because he breached trust, coveted information, failed to administer or collaborate in order to resolve the trust in the best interest of the trust. We've needed the change to be made official over 2 months ago.

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1 Lawyer Answer
Dustin A. Duke
Dustin A. Duke
  • Estate Planning Lawyer
  • Little Rock, AR
  • Licensed in Arkansas

A: Did the original trustee step-down? If so, he should state his resignation in writing. The terms of the trust will then dictate who the next trustee is. If the original trustee refuses to step-down then court action may be necessary to force his removal.

Nina Whitehurst agrees with this answer

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