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getting rid of a trustee

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bjpriebe1

Junior Member
What is the name of your state? Ohio
My father died in July 2003. He established three testamentary trusts for my two sisters and me. He named B. as trustee. According to the will, we are each to receive $250/month or 1/4 of the earnings of the trust quarterly, whichever is greater. The trustee has interpreted the will to state that we are entitled to $250/month or 1/4 of the yearly earnings, not 1/4 of the earnings quarterly. Until March of 2008, neither my sisters nor I had received any accounting of the trusts other than what was court ordered in August 2007. B. has made statements in front of my sisters and the executor, who is a lawyer, that my father did not want to give any money to me or my children. B. said that according to my Dad none of my family was worth anything, we would just ,"piss away the money," and the only one that was worth anything was Trentin (my youngest son). My Dad "sold" my daughter the house that his father built--the house that Dad grew up in. He made a separate agreement that whatever my daughter owed would be forgiven upon his death. Dad died before the first payment was made. I don't think that this supports B." s contention that neither I nor any of my family are worth anything. My sisters and I believe that our trustee has a personal vendetta against me, and that this animosity has spilled over to include my sisters. We don't understand why. However, we believe that we have grounds for removal. According to Ohio Trust Code, the sole function of the trustee is to further the interests of the beneficiaries. Do you think that this trust has been violated?
 


Dandy Don

Senior Member
The trustee only has to abide by what is written in the TRUST to administer the trust. You need to be consulting a trust attorney to find out if the trustee is following the language of the trust or not in administering it. If not, he is in breach of duty. Yes, it does appear that a personal vendetta is occurring, but that in and of itself is not grounds for removal as trustee.

The will and the trust are 2 separate documents that are administered separately and independently of each other. Trustee may not necessarily have to abide by what is in the will, unless what is in the will is also mentioned exactly in the trust.

DANDY DON IN OKLAHOMA ([email protected])
 
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