Trusts & Estates Law/removing a trustee


My Mom died last week.
She lived in Florida. She found out she had cancer 6 weeks ago and asked me to come down from Illinois to help her with things. She called a attorney friend in Miami who had an associate come to the house in Ft.Myers. During the meeting she clearly told the associate attorney she wanted to have me and my sister in charge of her estate. They drew up a trust and had her sign it when she was in the hospital. Now that she has passed away the attorney friend called and said he is the successor trustee. All of us children " the beneficiaries " are outraged.  

After my visit to Florida, her sister came down to stay with her for 10 days. her sister stayed with her until 2 or 3 days before she signed the trust. I spoke with her and she cant believe the attorney friend is named successor trustee.  She said my mom told her that me and my sister were to be the trustees.

Should we try to remove him?
Can we remove him without an attorney?
Will it cost more to remove him than its worth?
Should we file a complaint with the bar?

Jim sorry for the delay.  It is common to name a successor trustee.  If you read the trust carefully he is not a co-trustee but most like a successor trustee.  This just means if something should happen to both of you at least the courts won't have to get involved.  Without reading the trust it is hard to know for sure.  Do you have a copy of it?


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David Disraeli


I can answer general questions about estate planning and trusts. I can also answer questions about estate tax reduction and advanced charitable giving, family partnerships and asset protection. I may have already answered your question here: or here


I have worked for 24 years with clients and their attorneys to formulate estate plans to meet client goals. I have found many mistakes made by client attorneys and were able to have them corrected. I focus on making sure that beneficiaries are protected from current or future spouses and lawsuits so the wealth stays in the family. I have also published a book on Aging Parents which can be found on Amazon

President and founder of The Personal CFO Inc.


Certified Financial Planner 1994

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