Trustee Removed and Trust Modified Due to Unanticipated Circumstances

The Orphans’ Court properly removed the appellant as a trustee under 20 Pa.C.S. § 7766(b)(3) because he never took any steps to protect or administer the property that was transferred to the trust, and did not pay the mortgage for the property or pay the rent, real estate taxes, or insurance for the business he operated on the property. However, the court did not determine whether a suitable successor trustee was available, and so the removal order was vacated and remanded for consideration of that issue. The modification of the trust under 20 Pa.C.S. § 7740.2(a) was affirmed because the settlors could not have anticipated that the trust property would not generate income or be self-sustaining, and so modification was proper to permit the sale of the property and the reimbursement to the surviving settlor for the mortgage, insurance, property taxes, and other costs paid to preserve the trust property. Martin v. Paul, 944 MDA 2021 (Pa. Super. 8/29/2023) (non-precedential).

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