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  1. #1
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    Nov 2017
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    Default Can a Co-Trustee Be Removed Without Notification

    My question involves estate proceedings in the state of: NY

    I am the co-trustee of a Trust. I believe that the relative who owns the Trust is being "groomed" by one or more people to remove me from the Trust and replace me with themselves.

    Is this something that can be done without notification to me?

  2. #2
    Join Date
    Oct 2006
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    15,270

    Default Re: Can a Co-Trustee Be Removed Without Notification

    Quote Quoting lisaj1354
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    My question involves estate proceedings in the state of: NY

    I am the co-trustee of a Trust. I believe that the relative who owns the Trust is being "groomed" by one or more people to remove me from the Trust and replace me with themselves.

    Is this something that can be done without notification to me?
    Probably yes. It's kind of in the same category as changing a will. No one is ever required to explain it ahead of time.

  3. #3
    Join Date
    Sep 2010
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    18,998

    Default Re: Can a Co-Trustee Be Removed Without Notification

    On a revocable trust, you don't have to be told in advance or afterward (though the latter is advisable).

  4. #4
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    Jul 2018
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    Default Re: Can a Co-Trustee Be Removed Without Notification

    Quote Quoting lisaj1354
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    I am the co-trustee of a Trust. I believe that the relative who owns the Trust is being "groomed" by one or more people to remove me from the Trust and replace me with themselves.
    Several comments here:

    1. "Themselves" is plural. To whom are you referring? Are you saying that the "one or more people" you mentioned are seeking to become co-trustees in your place?

    2. Who are these "one or more people"? What is their relationship to the trust, to you and to "the relative who owns the Trust"?

    3. When you say "remove me from the trust," are you simply talking about being removed as a co-trustee? Are you also a beneficiary under the trust?

    4. What does "the person who owns the Trust" mean? In the strictest sense, no one "owns" a trust. Are you talking about the trustor/settlor? The other co-trustee? Someone else? If you're talking about the trustor/settlor, is that person also a co-trustee with you? If the trustor/settlor is still alive, why are you a trustee?

    Quote Quoting lisaj1354
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    Is this something that can be done without notification to me?
    The circumstances under which a trustee of a trust can be replaced will be spelled out in the trust instrument, which we obviously haven't read.

    That said, if someone is seeking to remove you, you'll be notified eventually -- even if it's simply a notice saying, "pursuant to section __ of the Trust, you are hereby removed." It would be pretty dumb to remove you and not tell you -- especially if you have control of trust assets.

  5. #5
    Join Date
    Nov 2017
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    16

    Default Re: Can a Co-Trustee Be Removed Without Notification

    Thank you.

    I am the co-Trustee of the Trust (and a beneficiary of the Trust), along with a relative who is the Trustor. Sadly, he is a very lonely old man and has fallen prey to someone grooming him to give up a large amount of money. He has signed a pledge for the money without benefit of discussing this with his lawyer (despite my telling him to do so) and my fear is that since he now has to go back to the lawyer to amend the Trust, that he will remove me as a co-Trustee.

    I understand that this is his money and he can do what he likes with it, but the institution he is giving the money to has done a VERY hard press and I want to try and protect him (and the 3 other beneficiaries) from draining his accounts for having his name "up in lights" as he calls it. I believe they might try to push him into naming the institution as a co-Trustee in my place.

  6. #6
    Join Date
    Sep 2010
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    18,998

    Default Re: Can a Co-Trustee Be Removed Without Notification

    Frankly, your name would be off there in a heartbeat. There's a difference between a co-trustee and a successor trustee. It's usually ILL-ADVISED to have cotrustees. It causes inordinate problems. Frankly, what you should do is get your relative to a LAWYER who can assure the trust is set up along HIS desires not YOURS or whoever else is trying to influence him.

  7. #7
    Join Date
    Nov 2017
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    16

    Default Re: Can a Co-Trustee Be Removed Without Notification

    He set up the trust with his estate lawyers. He also has a financial manager. I have not in any way interfered with any aspect of his trust OR his estate. What I am trying to do is to protect him (and of course my self and the other beneficiaries). He is now seemingly at the age where if someone says something nice to him, he'll write them a check.

    Believe me - if I could change anything - especially his mind - I would have done it long ago. Its his money - not mine.

    He is perfectly sane, just old, sad and way too impressionable.

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