Klenk Law

Process for Removing a Trustee in Camden County, NJ

Posted on Sun Oct 5, 2014, on Camden

Question: Can a Trustee be removed because he did not inform the beneficiaries of the irrevocable trust when they came of age? This Trust is in Camden, New Jersey.


Maybe.

A trustee removal action can be a long and painful process, so no action should be taken without having an experienced New Jersey Surrogates Court attorney review the trust and interview the interested parties.

First, the attorney would need to examine a copy of the trust. There might be a way to remove the trustee drafted into the trust’s terms. For example, there might be a Trust Protector, with the right to remove and replace the trustee without the need to go to court.

Second, the attorney would want to answer many questions before saying a trustee removal action is a good idea. For example, what harm has been done by not notifying the beneficiaries of the trusts’ existence? Was the failure to notify them a malicious act, or incompetence? Is the Grantor still alive? Has the trustee been acting reasonably otherwise, such as managing the trust assets? What assets are in the trust, and what is the trust’s goals and the goals and needs of the beneficiaries?

All these questions and more need be answered, and the answers will help the attorney answer whether moving forward to remove the trustee is advisable and if it is a wise use of your time and money.

If anyone has questions about Camden County Trusts, feel free to contact our office for a free consultation. Wills, Trusts and Estates, It’s all we do!

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