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    llashen's Avatar
    llashen Posts: 1, Reputation: 1
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    #1

    Jun 3, 2011, 11:38 AM
    Can personal reps of living trust be removed by children of decesed inheritor?
    Deceased mother has a living trust and named her two sons as personal representatives for her trust. Two of the three remaining living siblings are trying to oust their brothers as personal representatives by having the 8 children of their only deceased sibling "count" toward a majority to oust the brothers. Can children of a deceased inheritor act as trustees in this regard? If so, it seems to me children from one deceased inheritor, regardless of how many, would still only amount to one vote since they are all offspring of 1 inheritor/person (who happens to be deaceased).
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #2

    Jun 3, 2011, 01:21 PM
    Quote Originally Posted by llashen View Post
    If so, it seems to me children from one deceased inheritor, regardless of how many, would still only amount to one vote since they are all offspring of 1 inheritor/person (who happens to be deceased).
    It depends on how the trust was declared.
    Simple Declaration of Trust 1
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jun 3, 2011, 04:34 PM
    Quote Originally Posted by llashen View Post
    Deceased mother has a living trust and named her two sons as personal representatives for her trust. Two of the three remaining living siblings are trying to oust their brothers as personal representatives by having the 8 children of their only deceased sibling "count" toward a majority to oust the brothers. Can children of a deceased inheritor act as trustees in this regard? If so, it seems to me children from one deceased inheritor, regardless of how many, would still only amount to one vote since they are all offspring of 1 inheritor/person (who happens to be deaceased).
    GV70 is right, of course. It depends on the wording of the trust instrument.

    First, a word about your terminology: the two sons would be "trustees", not "personal representatives", although I recognize it's possible the trustor (deceased mother) used the wrong terminology in the trust instrument.

    If I understand correctly, there were four siblings, one of whom is dead. Only two of them were trustees. The dead sibling left eight children.

    Does the trust specify that a trustee can be replaced by an election of all the beneficiaries? I am assuming that the 8 children of the dead child of the trustor ("sibling"), and the other, non-trustee sibiling are beneficiaries.

    What state is this in please?
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