From our “Ask a Question” Mailbag: What is the Process for Removing a Trustee in New Jersey?
Most Recently Updated July 6, 2018.
Process for Removing a Trustee in New Jersey
“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.”
The answer is: Maybe.
What is the Process for Removing a Trustee in New Jersey?
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.
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.
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.
Further Estate Litigation Questions?
The process for removing a trustee in New Jersey is only one of many Estate Litigation issues our firm addresses. Consequently, if you want to learn more, please read my more detailed article, Trust and Estate Litigation All You Need to Know.
In Conclusion: Process for Removing a Trustee in New Jersey.
I hope that this article was helpful in explaining the process for removing a trustee in New Jersey. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!
Let our Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Litigation Attorneys. By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to put our 25 years of estate litigation experience to work for you.
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