Legal Question in Wills and Trusts in Arizona

Co Trustee

There is one trustee and a co truste that would step in once the current trustee, has been stealing and failure to perform an accounting, misc, since the co trustee is having a hard time with his leukemia, can he appoint one of the beneficiaries to step in, and take his place as co trustee, and what would that entail?


Asked on 3/20/08, 6:36 pm

1 Answer from Attorneys

James Jenkins Jenkins Law Center PLC

Re: Co Trustee

This is a common story. So many people do not want a corporate fiduciary, because they "trust" family members, then the trustee does not do their job properly.

No opinion can be given in your case without looking at the trust document. Usually a trustee cannot appoint its own successor unless the trust states that in its terms. Bring all documentation, including any will as well as the trust with its amendments (if any) to an estate attorney. the court has jurisdiction to remove a trustee and appoint a successor also.

We offer a free, no obligation consultation for this purpose at 480.835.1500.

Best regards,

James D. Jenkins

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Answered on 3/21/08, 12:08 pm


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