How can we remove a co-trustee from our mothers will? 4 Answers as of May 16, 2011

Mom's (now deceased) living trust named her broker as a co-trustee and they've taken over everything with exorbitant fees. The trust includes a clause that says that the remaining beneficiaries can remove a trustee by delivering an "instrument in writing executed with all the formalities od a dee". What kind of document is this?

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Law Office of Larry Webb
Law Office of Larry Webb | Larry Webb
You should consult with an estate litigator. It sounds like you need to challenge the trustee in court.
Answer Applies to: California
Replied: 5/16/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
It sounds like what you meant to write is "with all the formalities of a deed" but it came through differently. What that means is a formal document with an "acknowledgement" on it which verifies that it was the appropriate person who signed it. You may need an attorney to properly prepare it for you just to make sure it's done properly. By the way, if the broker "churned the account" then you may have a cause of action for abusing the Trust they've been given and you should speak to an attorney about that as well. Good luck.
Answer Applies to: New York
Replied: 5/13/2011
Meyer & Yee, LLP
Meyer & Yee, LLP | Kent W. Meyer
You should draft a statement citing the clause that allows you to remove a trustee. Then say that a majority of benef. Elect to remove the broker and appoint someone else. Make sure you show it's a majority. Then all sign it and have it notarized. That should handle it.
Answer Applies to: California
Replied: 5/12/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
Your trust is irrevocable, you need to evaluate it under the current trust laws and the date it was formed. It may be as simple as sending them notice of removal with two independent witnesses but it may require more, you should have the documents evaluated by a Florida Estate Planning Lawyer to determine what must be done in your circumstances.
Answer Applies to: Florida
Replied: 5/12/2011
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