Ohio  |  Wills and Trusts

Legal Question

Asked on: 3/27/13, 4:13 pm

There are 3 beneficiaries to a trust in Ohio, 1 is the executor but is not following the financial reporting rules to the other 2 beneficiaries as stated in the trust. Can the other 2 vote the executor out because of not providing that information as outlined in the trust?

The trust talks about "the resignation" or "removal" but does say how it has to be done.

1 Answer

Answered on: 3/28/13, 10:40 am by Nancy Fioritto Patete

This question is a little confusing because the person or institution that handles a trust is referred to as "trustee" and not "executor." In Ohio, a trustee can be removed for the following reasons:

5807.06 Removal of trustee - grounds - protective measures.

(A) The settlor, a co-trustee, or a beneficiary may request the court to remove a trustee, or the court may remove a trustee on its own initiative.

(B) The court may remove a trustee for any of the following reasons:

(1) The trustee has committed a serious breach of trust;

(2) Lack of cooperation among co-trustees substantially impairs the administration of the trust.

I suggest you contact an attorney for assistance if this is what you decide to do.

Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.

Nancy Fioritto Patete, Esq. PO Box 24387 Mayfield Heights, OH 44124

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

125 Answers given in the last few hours.

8663 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search