Trust Modification to Remove Trustee Denied

In denying a petition by the beneficiaries of a trust to modify the trust to allow the beneficiaries to remove and replace the trustee, Judge Herron has confirmed that the provisions of 20 Pa.C.S. § 7140.1 allowing modification of trusts cannot be used to remove a nonconsenting trustee, and that the requirements of 20 Pa.C.S. § 7766 must be satisfied to remove a trustee.  Edward Winslow Taylor, Intervivos Trust, No. 3563IV of 1939 (O.C. Phila. 8/18/14), rev’d, 2015 PA Super 199, No. 2701 EDA 2014 (9/18/2015).

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