How to replace the successor trustee with listed alternate successor trustee?

[StefenRW]

I was told by a lawyer that as the next successor trustee in a living trust, I can proclaim that the first successor trustee was not doing his job, and by making an affidavit claiming to be the successor trustee and filing it with the county recorders, I can become the new successor trustee.

Question: is there a template that will follow what is necessity to accomplish the objective?

 

[anteater]

What is the relevant state?

Was this a lawyer specializing in trusts and estates?

Did you pay for this advice? Or is the lawyer counting on racking up the fees when you and the current trustee go mano a mano?

 

[StefenRW]

>What is the relevant state?
Idaho
>Was this a lawyer specializing in trusts and estates?
Supposedly a trust lawyer.
>Did you pay for this advice?
Not yet. In the initial consultation, he said he was willing to write the affidavit for me, but admittedly told me it would create a **** storm. But, it has been three years and the trust has not been terminated and hasn't carried out his fiduciary duties. In the trust, it says if the successor trustee is unwilling or unable, then it appoints me as the successor trustee. So the affidavit is only to affirm what the trust already instructs.


It is my understanding that the whole point of a living trust is that it doesn't have to go through the legal system.