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How can we reduce fee's on my father's trust whereby my mother is a co-trustee along with a corporate bank?

  • My father passed away in 2003 and left a trust for my sister and I as beneficiaries. My father made my mother co-trustee along with a corporate bank (small scale trust company). It is not held at a large national bank, but a smaller regional bank. The trust terms indicate that my sister and I receive principal distributions at 25, 30, and 35. We are also to receive quarterly income from the trust. I am 30 and my sister is 33. It makes us sad to see so many fees taken out. My mother has calculated over $90,000 in fees have been taken. At this point there is only $650,000 left in the trust. Do you think we could try to get my mother to be sole trustee? What else could we do to eliminate or reduce fees? Nothing ever gets done to the account. It literally sits there and there are no trades. I have talked to a few attorneys and they said we could approach the bank and request they remove themselves as trustee. I have no idea how likely they would be to say yes or no to that. Does anyone know?

  • Answer:

    I'm guessing you want to change the trust so you can talk your Mom into disbursing the funds to you now instead of the way your Dad intended. Sorry, but the bank made an agreement with your Dad and you can't change it. They are compelled to abide by his wishes. If you think the fees are exorbitant, you can file a complaint with your State's Banking Commission.

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No the bank will NOT remove themselves for two reasons: They signed a contract with your father They will not forfeit the fees.

Do you think we could try to get my mother to be sole trustee? You can ask, but if your father wanted that, that's likely the WAY HE WOULD HAVE SET IT UP. Does your mother have the skills to manage a 650k trust?? If your father wanted her as the sole trustee, I suspect it wouldn't have been too hard to set it up that way. MAYBE the co-trustee was for a reason?? The fact that you want her (your mother) as the sole trustee, makes me think there might have been a reason for that.

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