You should not do this on your own. Start with the attorney who drafted the trust.
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The terms of the trust agreement dictate how a successor trustee will be added. From what you have shared, it appears that it would have to be a court order. Generally the trustee is limited in how he/she/it may amend the trust. If a trust protector is in the trust, they often have the power to amend the trust.
If an amendment can be made to the trust, use a laywer to make sure it is done properly and that it is valid. The trustee needs to remember she/he/it is a fiduciary and must be very careful that everything is done properly in order to avoid liability.
I am happy to meet with the trustee and review the terms of the trust to give you an opinion during a free consultation. Feel free to contact me if interested.
Mr. John Skabelund is licensed to practice law in Arizona and his office is located in at Tempe Town Lake in Tempe, Arizona. You may contact Mr. Skabelund at (480) 344-0915 or through his website www.davismiles.com. In accordance with AVVO terms and conditions, this answer is provided for general informational purposes only and does not constitute legal advice nor should it be relied upon. Answering this question does not create an attorney-client relationship with Mr. Skabelund or Davis Miles McGuire Gardner, PLLC. Legal advice that you rely upon in making important decisions should only be obtained from direct communications with a lawyer licensed in your jurisdiction after there has been a full disclosure of all of the relevant facts. It is important to consult with an attorney because every state’s laws are unique, each situation is fact specific, and a full analysis of the facts and the laws of your state are required to provide legal advice. You should never provide information that you intend to be confidential or privileged on a forum such as this and you should never rely on information provided here as a substitute for legal advice. Any U.S. tax information provided above is not intended to be used, and may not be used, for the purpose of avoiding penalties imposed under the U.S. Internal Revenue Code or for promoting, marketing, or recommending any portion of this communication to any party.
i depends on the language in the trust and it appears from the facts presented that a court order would be necessary.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.