I would like to apply for a Successor Trustee for my Father's Estate & Trusts; If I apply at a Probate Court; would the Court.. would the Probate Court be the City I live in; or the City present Trustee is ?
I live in Bridgeport CT; the Trustees are in West Hartford; CT; The Trust Fund is at a Bank Hartford; CT.
Summary: Would I apply Bridgeport; West Hartford or Hartford Conn.(where the Bank Account is); thnks.
If there is already a Trustee of a Trust, then you would first need to have the Trustees removed. This is no small task, and you should most certainly consult with a probate litigation attorney to discuss this. Generally, I recommend to my clients that we simultaneously file a Motion for Accounting and a Motion to Remove.
If there is currently a vacancy in Trustee, the Trust likely tells you how to appoint a Successor Trustee.
Either way, it doesn't hurt to consult an attorney. Many offer free consultations.
Your question requires me to know a bit more to answer: If the trust is currently under the jurisdiction of the probate court, then you just go to the probate court that his handling the trust and ask to be made trustee. There are a host of laws that apply to this endeavor, but in its most simple form, this is it. If the trust is not already being handled by a probate court, then you should really seek counsel for some advice. That said, you should seek counsel anyway. Trusts can be very complicated, and a meeting with a friendly lawyer will go a long way in understanding if and how you can accomplish this.
You would make application at the probate court which is handling the estate's file. Speak with a probate attorney to assist you.
The answers provided in this forum by me and transmitted by users of this forum are not to be considered legally binding in any way, nor is there an intent to form an attorney client relationship. If further information is required, seek competent legal counsel.
If you are speaking of a decedent estate, you would apply to the probate court handling the estate. If the question revoves around a trust, the trust documents should indicate how successor trustees are apointed. I suggest that you speak a trust and estate attorney to revie the documents.
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