Chattanooga, TN asked in Estate Planning, Family Law and Civil Litigation for Tennessee

Q: Out of three beneficiaries can one of them be the trustee

My aunt has weaseled her way into being the trustee because the original trustee not one of the beneficiaries turned it down and named her. My aunt named her husband as her successor trustee and her husband named the original trustee who turned it down.

1 Lawyer Answer
Anthony M. Avery
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  • Estate Planning Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Who created the Trust? The Settlor appoints his Trustee/ Successors in the Trust. Have you read it? The Trustee may be able to appoint his Successor. Are you a Trust Beneficiary? If not, you lack standing. Otherwise you can file suit in Chancery for an Accounting, Removal For Cause, etc. There may be nothing wrong here, but get advice from a competent attorney.

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