How could we remove a co-trustee from our mothers will? 15 Answers as of September 14, 2015

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 of a deed". What kind of document is this?

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Law Office of Pamela Braynon | Pamela Y. Braynon
Not seeing the document makes it extremely hard for me to properly answer this question. I suggest you take the document to an attorney to interpret it for you.
Answer Applies to: Florida
Replied: 9/14/2015
Edward L. Armstrong, P.C. | Edward L. Armstrong
The document can be very simple - a letter signed by the beneficiaries removing the trustee. If this trustee is a corporation it may contest your action in court but probably won't.
Answer Applies to: Missouri
Replied: 9/10/2015
Law Offices of George H. Shers | George H. Shers
Look on line as to what your state law requires to be in a deed of trust [probably whether has to be notarized and/or witnessed] and then prepare such a document where all the beneficiaries give reasons for the broker to be removed and speak to a local estates and trust attorney to see whether it would be economically worthwhile to sue the broker to recover some of the fees [it may not be].
Answer Applies to: California
Replied: 9/10/2015
O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, the reference to removing a co-trustee with the "formalities of a deed" mentioned may mean in a notarized written document removing the co-trustee.
Answer Applies to: Maryland
Replied: 9/9/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
Please, this is not the time for do-it-yourself brain surgery. See a lawyer who specializes.
Answer Applies to: California
Replied: 9/9/2015
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    Your task includes removing the surviving co-trustee and appointing a new trustee. Look for the power to appoint the new trustee. If you also have that, you write a letter stating you are exercising the power, make two original copies have everybody sign them, have their signatures notarized. Send one certified mail return receipt requested, stamped at the post office and the other USPS First Class Mail. When you get back the post card, you have given the notice. Also check the trust Agreement to see if it specifies how notice is given. Before you do anything, make sure you understand the whole trust agreement. You might do all this work to not get what you desire.
    Answer Applies to: Oregon
    Replied: 9/9/2015
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Check with an attorney experienced in trusts. He or she can draw up the document removing the broker as trustee and file it with the appropriate entities, including the broker.
    Answer Applies to: Nebraska
    Replied: 9/9/2015
    Law Office of Peatsa C. Wallace | Peatsa C. Wallace
    If the trust document does provide that a trustee may be removed by the remaining beneficiaries, then a written document is needed stating that all beneficiaries are in agreement as to the removal of the trustee and the document has to be signed by all beneficiaries, witnessed by a non-beneficiary of the trust, and notarized. A deed in Georgia requires a witness' signature and a notary's signature ans his or her official seal on each deed. That is what is meant by the formalities of a deed. The trust should also address whether a new trustee should be named in the event of the removal of one of the co-trustees or whether a sole trustee can serve after the removal of one of the co-trustees. ?If a new trustee needs to be named, then whatever process the trust allows for should also be in a written document and signed by the appropriate parties.
    Answer Applies to: Georgia
    Replied: 9/9/2015
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    The reference to "formalities of a deed" means that each beneficiary must execute the document stating the removal of the trustee and each beneficiaries signature must acknowledged by a notary public. In other words the beneficiary must sign the document in the presence of a notary public and the notary public must sign an acknowledgment and apply the notary seal.
    Answer Applies to: Illinois
    Replied: 9/9/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    It must be signed, dated and notarized.
    Answer Applies to: California
    Replied: 9/9/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    I urge you to seek legal counsel. You may want to pursue the matter in court to enable recovery. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.
    Answer Applies to: Nevada
    Replied: 9/9/2015
    Robert E. Giffin | Robert E. Giffin CPA
    See an attorney to draft the agreement as the broker will fight to keep his fee.
    Answer Applies to: Ohio
    Replied: 9/9/2015
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    You are advised to seek the services of a probate/estate trust attorney to prepare the document needed, since you do not have the experience to prepare the same.
    Answer Applies to: California
    Replied: 9/9/2015
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    It's a letter.
    Answer Applies to: Colorado
    Replied: 9/9/2015
    The Law Office of Kimberly D. Moss
    The Law Office of Kimberly D. Moss | Kimberly Moss
    It appears that the trust requires a termination notice that is signed by the beneficiaries in the presence of a notary. Your best bet is going to be to consult with an estate planning attorney for guidance on how to get rid of the corporate trustee.
    Answer Applies to: Texas
    Replied: 9/9/2015
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