Legal Question in Wills and Trusts in Arizona

My grandmother recently died and in her will she left money for her kids and grandkids money to be put into a trust. In the will it says that the we cant recieve the whole amount until we reach the age of 25 and that the trustee can give us money out of the trust for medical school and living needs. The trustee has said that he wont give us any money except for school evn though the will states that we can get it for other things. Is there a way I can fire him and get a new trustee? And if so do I have a choice in who my trustee is?

Asked on 6/03/10, 5:26 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

You can certainly ask the probate court to review the trust terms and conditions and make a determination whether the trustee is exercising its discretion properly, and/or ask the court to direct the trustee to pay for "other things." You can ask for the trustee to be replaced but it is not a legal basis for removal that you disagree with the decisions made. The court would have to come to the conclusion that the trustee has breached its duties to the beneficiaries by refusing to pay for other things, or has some conflict of interest or has breached its fiduciary duties as trustee.

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Answered on 6/03/10, 9:49 pm

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