Trust for minor children to be created if I relocate to another country or state can I ask to change other co trustee

Asked about 1 year ago - Norfolk, VA

The co trustee, a lawyer now resides in the state I live in. I'm the other co trustee and mother of the minors. I'm not from the usa and considering moving back to my country. The other co trustee would be too far away plus the bank the trust might be (I don't know who decides at what bank the trust will be?) Not excist in the country we will move too? This would be inconvdnient. Can I ask to change co trustee and or banklocation? Both my kids have double nationality and my son was born there, my ex adopted the children there as well. Its in Europe.

Attorney answers (2)

  1. Steven M Zelinger

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Does this trust already exist or is it in the event of your death? If it is your estate plan you can choose who the trustee is. It may be a good idea to coordinate with your ex on these decisions if you can.

    If the trust already exists, it may be possible to petition a court to change trustees or look to the trust document for guidance as to when trustees can be changed.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more
  2. Steven John Clausen

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . The terms of the trust will determine if a co-trustee can be removed and replaced. The trust agreement should address where both co-trustees must act jointly or whether either may act on behalf of the trust. You need to take the trust instrument to an experienced trust and estate atorney who can advise you.

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