Adding to or replacing trustee in irrevocable trust

[jerry meyers]

Jurisdiction

Michigan

my brother is trustee and a beneficiary to an irrevocable trust in MI. There is huge animosity between him and one of the beneficiaries (4 total beneficiaries including him). I am a beneficiary and get along with him but I know of a lot of unethical behavior of his in the past (unrelated to the trust) and although we get along I do not trust him at all. Is there a way to get a trustee added so that we all feel more secure that the trust is being divided equally and he is not pocketing some extra money. Although he will provide a list of assets he will not provide any details to prove he has not moved money into his own accounts. This is not a small trust - and we just want greater transparency. thanks!

 

[adjusterjack]

It's possible but it depends on the existing terms of the trust and too many variables for you to get any kind of definitive "how to" answer on the internet.

You might find some answers by studying the Michigan Trust Code:

2014 Michigan Compiled Laws :: Chapter 700 - ESTATES AND PROTECTED INDIVIDUALS CODE :: Act 386 of 1998 ESTATES AND PROTECTED INDIVIDUALS CODE (700.1101 - 700.8206) :: 386-1998-VII ARTICLE VII MICHIGAN TRUST CODE (700.7101...700.7913)

2014 Michigan Compiled Laws :: Chapter 700 - ESTATES AND PROTECTED INDIVIDUALS CODE :: Act 386 of 1998 ESTATES AND PROTECTED INDIVIDUALS CODE (700.1101 - 700.8206) :: 386-1998-VIII ARTICLE VIII MISCELLANEOUS PROVISIONS (700.8101...700.8206) :: 386-1998-VIII-2 PART 2 MICHIGAN TRUST CODE MISCELLANEOUS PROVISIONS; EFFECTIVE DATE (700.8201...700.8206)

And if things are serious enough that you suspect misfeasance or malfeasance then you'd better be talking to a trust attorney because there isn't likely to be anything that you can do without the representation of an attorney.

 

[army judge]

my brother is trustee and a beneficiary to an irrevocable trust in MI. There is huge animosity between him and one of the beneficiaries (4 total beneficiaries including him). I am a beneficiary and get along with him but I know of a lot of unethical behavior of his in the past (unrelated to the trust) and although we get along I do not trust him at all. Is there a way to get a trustee added so that we all feel more secure that the trust is being divided equally and he is not pocketing some extra money. Although he will provide a list of assets he will not provide any details to prove he has not moved money into his own accounts. This is not a small trust - and we just want greater transparency. thanks!

By its nature, an irrevocable trust can only be changed or amended by a court order, one that is extremely difficult to receive. The trustee of an irrevocable trust can still invest the trust's assets, which can be sold or purchased, and make payments to the trust's beneficiary or beneficiaries in accordance with the trust's provisions, but little else.

Blood relationships do not exempt the trustee from the legal responsibilities, and it is not unusual for a child or children to sue a parent they feel has mismanaged a trust. Nor is it uncommon for siblings to sue each other. The children who are set to receive the proceeds of an irrevocable living trust retain legal rights, even if the trustee is the sole surviving parent. They may demand an accounting of the trust and its activities, they may inquire as to the nature of any investments, and question payments of principal made from the trust for the surviving spouse's health or support. They may even claim mismanagement of the trust and bring legal proceedings against the surviving spouse.


I suggest you discuss your concerns with four or five local attorneys.
Be sure you take all documents related to the trust.

Yes, changes can be effected by the probate court.
You'll need an attorney to do that.
Trusts are far too complicated for many attorneys.
That's why you want to select the right attorney.
It isn't a DIY effort.

Trust Modification and Termination

Probate Litigation - Frequently Asked Questions | Michigan Law Firm – Attorneys | Warner Norcross & Judd LLP

http://www.macombcriminalattorney.com/duties-of-trustee