Replacing trustees in irrevocable trust

[HarriedParent]

Jurisdiction

Washington

My neighbor, a widow, is trustee, along with her three children, of a testamentary trust formed by the will of her now-deceased husband. Her children do not get along, and she has problems with one of them, so their being co-trustees will probably never work.

She has recently given me sole durable power-of-attorney for financial affairs, and asked me to be personal representative of her estate. I am not a beneficiary of either the trust or the estate. All three children have approved of my duties so far. She now wants me to be the single co-trustee with her, and remove the children. They would probably agree to this. How can we change the trustees under this trust? In Washington, there is a Trust and Estate Dispute Resolution Agreement (TEDRA) that does this, but it is very time-consuming and expensive. Is there a simpler way to write up an agreement document, have all parties sign (notarized), and keep that with the Trust document?

 

[army judge]

My neighbor, a widow, is trustee, along with her three children, of a testamentary trust formed by the will of her now-deceased husband. Her children do not get along, and she has problems with one of them, so their being co-trustees will probably never work.

She has recently given me sole durable power-of-attorney for financial affairs, and asked me to be personal representative of her estate. I am not a beneficiary of either the trust or the estate. All three children have approved of my duties so far. She now wants me to be the single co-trustee with her, and remove the children. They would probably agree to this. How can we change the trustees under this trust? In Washington, there is a Trust and Estate Dispute Resolution Agreement (TEDRA) that does this, but it is very time-consuming and expensive. Is there a simpler way to write up an agreement document, have all parties sign (notarized), and keep that with the Trust document?

There is no legal way to change a trust by the mere signing and notarization of a form.

In fact, your POA may be questionable or meaningless.
It might even end up being worse than that for you.
You're inserting yourself in a very precarious and troublesome position.
In fact, it might be even be considered tortious or illegal.

I suggest you advise the widow to discuss the entire matter with a trusts attorney.

In the meantime, you would best be served by politely informing the dear lady that it is best if you take no formal position in this matter except as a supportive and kind friend.