Legal Question in Wills and Trusts in Pennsylvania

We are in the state of PA. My mother, in her will, assigned me as the trustee of the trust into which she has directed my sister's portion of the estate. My sister is unhappy with this and wants a different trustee. Can it be changed? If so how does that happen?


Asked on 2/12/11, 3:09 pm

1 Answer from Attorneys

It depends on the language in the trust. If you do not want to be trustee, you generally have to resign as trustee and a backup trustee can be appointed. If the trust names a successor, it will be whomever is named in the trust. If none, the court can appoint one and it will probably be a bank or a lawyer. In either case, if your sister did not like you as trustee, she really will not like having a corporate trustee or lawyer. She may not like the successor either. Read the trust carefully where it talks about successor trustees and resignation. The only other way is for your sister to file a motion to remove you. Trustees are not removed just because your sister wants someone else unless the trust allows for it and your sister is the sole beneficiary. The court will only remove a trustee (assuming the trust is silent) for malfeasance or failure to perform the trustee's duties.

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Answered on 2/15/11, 8:14 pm


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