I’ve got a trustee who’s 82, legally blind, and showing early signs of dementia. Also, I found out they’ve been moving money around in weird ways with Trust bank accounts. I already filed a federal lawsuit and was thinking of filing a motion to get them removed… Anyone know if this is possible?
I think you could file a motion for their removal if there’s proof they can’t perform their duties. Might even be able to get a temporary trustee in the meantime.
Wendell said:
I think you could file a motion for their removal if there’s proof they can’t perform their duties. Might even be able to get a temporary trustee in the meantime.
Yeah, I have a lot of proof. I’m mostly wondering if federal court would go for this, given the situation.
Wendell said:
I think you could file a motion for their removal if there’s proof they can’t perform their duties. Might even be able to get a temporary trustee in the meantime.
They might, especially if you can prove they’re incompetent. Did you ask for a mental evaluation?
If the trustee is showing signs of dementia and refusing a mental capacity check, courts might get involved. You might need an official competency exam ordered by the court.
Arden said:
If the trustee is showing signs of dementia and refusing a mental capacity check, courts might get involved. You might need an official competency exam ordered by the court.
She’s totally avoiding any capacity declaration. I’ve got her legally blind and over $2M missing from the trust accounts!
Arden said:
If the trustee is showing signs of dementia and refusing a mental capacity check, courts might get involved. You might need an official competency exam ordered by the court.
Yikes, with that much missing, definitely sounds like you have a case. Federal court might agree to your motion.
Could you also ask the court to freeze her access to trust bank accounts? If there’s proof she’s moved funds around, it could stop more losses.
Luca said:
Could you also ask the court to freeze her access to trust bank accounts? If there’s proof she’s moved funds around, it could stop more losses.
Good idea! I actually filed a motion to freeze the accounts while they do the exam. Just hoping the court agrees.
Luca said:
Could you also ask the court to freeze her access to trust bank accounts? If there’s proof she’s moved funds around, it could stop more losses.
Makes sense. If the bank’s also involved, could the court order an investigation there?
Once you prove they’re unfit, you could request to remove her from all trust accounts. But yeah, you’d need solid evidence for that.
Harper said:
Once you prove they’re unfit, you could request to remove her from all trust accounts. But yeah, you’d need solid evidence for that.
That’s my plan. Got documentation on everything, even shady activity from bank employees.
Harper said:
Once you prove they’re unfit, you could request to remove her from all trust accounts. But yeah, you’d need solid evidence for that.
Whoa, if you’ve got bank employees involved, this could be bigger than just the trustee. Keep us posted!