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Reply to "3rd party fiduciary for Trust question"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Sounds like grandma wanted this money for the kids in their adulthood, not to pay for private school. Too bad she picked someone who wants to quit. Is there no successor trustee named? What is the process laid out in the trust for picking a successor trustee?[/quote] I agree and that’s another reason you shouldn’t be trustee and a good reason that your cousin objects to your appointment. If you are paying for private school right now and you want to use their trust now that would mean you’re getting the benefits of the trust. Getting the courts involved will cost you a lot of money. And your cousin’s attorney fees will be paid from the estate. Your best bet is to work with your cousin amicably and appoint someone you both agree on. [/quote] She has no right to appoint a trustee or agree to the appointment of one. The cousin would violate her fiduciary duty by doing this. The trust should say what happens if cousin can’t or won’t serve. If it doesn’t, a judge will need to decide. [/quote] Actually the opposing counsel asked if there is a Trustee we wanted to work with so no you are wrong. The Trust is very poorly written with spelling mistakes. There is no provision for Trustee appointments at all. If we do not submit a one. a court appointed one is given or the cousin selects one. Cousin does not want to be the long term Trustee. [/quote] No, I’m not wrong. You do not have this right. They can solicit your thoughts but you have no rights. [/quote]
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