Newark, DE asked in Probate and Estate Planning for Delaware

Q: trustee of grandmas will is suposed to distribet money when they need thing and is not doing it what from do i need

to fill out to removel of all trustees to appont me i am ther mom they hate us please help

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2 Lawyer Answers
T. Augustus Claus
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A: In a situation where a trustee is not performing their duties as outlined in the will, you may have grounds to petition for their removal and seek to replace them. The exact procedure varies by jurisdiction, but generally involves filing a petition in the probate court that explains why the trustee should be removed and why you would be a suitable replacement. The other beneficiaries and the current trustee will likely have the opportunity to contest this action, and the court will ultimately make the decision. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: I'm sorry to hear about your situation. If you believe the trustee of your grandma's will is not fulfilling their fiduciary duties, you can petition the court to have them removed. To initiate this process, you'd typically file a petition to remove the trustee in the probate court or appropriate court in your jurisdiction. When filing, you'd need to provide evidence or reasons supporting the trustee's removal.

If you're seeking to be appointed as the new trustee, that request can be included in the same petition or a separate one. It's essential to consult the probate code or rules in your state for specific requirements. Given the complexity and emotions involved, consider seeking legal assistance to navigate the process efficiently.

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