Changing Trustees

nana6

My husband died leaving his half of our home in Trust to his sons giving me life interest to remain. We were tenants in common and I was aware of the contents of his Will.    His sons and I are executors and trustees.     One son behaved extremely badly refusing to sign paperwork and delaying the process despite it being in his interest.  But finally Probate was done and husbands name changed to sons names on land registry.  
There is no communication between him and his brother.   I have decided I’d like my daughters to replace me as a trustee.
 I’m not sure whether the son can stop me doing this but know  his brother will support me if necessary.  I will need to speak to a solicitor.    I have spent thousands on legal fees costs due to his behaviour already.   I just wanted some upfront advice.

Marcon

nana6 said:

My husband died leaving his half of our home in Trust to his sons giving me life interest to remain. We were tenants in common and I was aware of the contents of his Will.    His sons and I are executors and trustees.     One son behaved extremely badly refusing to sign paperwork and delaying the process despite it being in his interest.  But finally Probate was done and husbands name changed to sons names on land registry.  
There is no communication between him and his brother.   I have decided I’d like my daughters to replace me as a trustee.
 I’m not sure whether the son can stop me doing this but know  his brother will support me if necessary.  I will need to speak to a solicitor.    I have spent thousands on legal fees costs due to his behaviour already.   I just wanted some upfront advice.

Nobody can stop you resigning as a trustee. Whether you can insist your daughters take over is the point where you'll need advice from a solicitor who has seen all relevant documents.

Mojisola

If everything is settled at the moment, I would leave things as they are for now. 
It sounds as if life has been very stressful - don't start the aggravation again - give yourself some breathing space. 
If you haven't got POA sorted out with your daughter as one of your attorneys, that would be worth doing. 

Keep_pedalling

Mojisola said:

If everything is settled at the moment, I would leave things as they are for now. 
It sounds as if life has been very stressful - don't start the aggravation again - give yourself some breathing space. 
If you haven't got POA sorted out with your daughter as one of your attorneys, that would be worth doing. 

I would agree, the trustees are going to have to get actively involved unless you decide to downsize or move for any other reason. You should look at setting up lasting powers of attorney so your daughter can act for your in financial matters.