Replacing A Trustee

[Round_&_Round]

What is the name of your state (only U.S. law)? New Jersey


How would I go about replacing the Trustee for my Special Needs Trust?

 

[FlyingRon]

It would depend on what happened to the existing trustee and what the trust document providers for. It almost certainly will require an attorney other than the most trivial cases (e.g., death of a trustee with a successor one already mentioned in the trust document).

 

[Round_&_Round]

It would depend on what happened to the existing trustee and what the trust document providers for. It almost certainly will require an attorney other than the most trivial cases (e.g., death of a trustee with a successor one already mentioned in the trust document).

Well the trustee to my special needs trust account is a family member that's alive and well. The problem is that we are clashing constantly about it and that it doesn't even seem to be worth having anymore!

Also the stress of deciphering the rules of how the money can be spent is a problem for the trustee in itself.

I had asked them if they wanted to give it up to someone else and they refused even though it is making this person "crazy!"

So I guess we both will be stressing about this until the dawn of time!

 

[curb1]

What is the problem? It shouldn't be that difficult.

 

[Round_&_Round]

What is the problem? It shouldn't be that difficult.

Actually not to long after I had posted this question I was told by a friend that I can find an accountant to help me and it will have to go to court.

I don't know how true this information is though.

 

[FlyingRon]

Actually not to long after I had posted this question I was told by a friend that I can find an accountant to help me and it will have to go to court.

I don't know how true this information is though.

Your friend is wrong. If you need to go to court (and you likely may) it will take an attorney not an accountant. If the trustee is really having a difficult time, the attorney may be able to either steer him to a better understanding or convince him to voluntarily step down.

Frankly, you've not indicated anything that indicates that you could remove him involuntarily. Clashing with the beneficiary of the trust is CERTAINLY NOT a reason. The reason the such a trust is there is because they don't want you to have direct control over the money.

 

[Round_&_Round]

Your friend is wrong. If you need to go to court (and you likely may) it will take an attorney not an accountant. If the trustee is really having a difficult time, the attorney may be able to either steer him to a better understanding or convince him to voluntarily step down.

Frankly, you've not indicated anything that indicates that you could remove him involuntarily. Clashing with the beneficiary of the trust is CERTAINLY NOT a reason. The reason the such a trust is there is because they don't want you to have direct control over the money.[/Q


There's one thing even though it's probably not enough to convince this family member to step down but like me, they have a mental illness and is not quite stable at this time. (I am the stable one this person is not.)


I'm guessing that there would have to be a lot of solid evidence to prove this.