Trustees may manage an individual’s resources while they are older or medically vulnerable. They may also play a key role in estate administration if a trust is a decedent’s primary testamentary instrument. Trustees may spend years of their lives managing trust resources to ensure that beneficiaries have access to the support intended by the trust’s creator. Serving as trustee requires long-term commitment and a willingness to put personal wishes aside to focus instead on the best interests of beneficiaries.
Most trustees commit themselves thoroughly to their roles and effectively follow the instructions provided throughout trust administration. Occasionally, trustees may fail in their obligations, motivating beneficiaries to take legal action. The following are some of the scenarios in which the probate courts may remove a trustee from their position accordingly.
After a significant breach of trust
A trustee holds a position of fiduciary duty. They have a legal obligation to put what is best for beneficiaries ahead of their own interests. Some people embezzle from a trust, while others might hire their own business or a business owned by a family member for an unreasonable price. They use their position to enrich themselves or someone to whom they are close. If a trustee violates their fiduciary duty, beneficiaries can ask for their removal.
After conflict with co-trustees
One of these strategies people employ to avoid trustee misconduct is to name multiple people to act as co-trustees. They can monitor one another’s conduct and ensure that the administration of the trust follows the instructions provided by the creator of the trust. Occasionally, co-trustees find it difficult to cooperate with one another. They disagree or struggle to coordinate their management efforts. It is sometimes possible to remove a co-trustee in scenarios where administration conflicts interfere with the management of the trust.
After proving incapable of trust management
Some people have good intentions but lack the education or time management necessary to oversee trust administration. Others initially fulfill trust responsibilities with minimal challenges but then start to struggle due to changes in their circumstances. Health issues, financial challenges and even personal matters, like divorce, can render a trustee incapable of continuing to perform their duties. Beneficiaries may sometimes choose to remove trustees who have proven incapable or are likely to become incapable due to significant changes in their circumstances.
Gathering documentation of scenarios that may justify the removal of a trustee is critical for those who may need to initiate probate litigation. Proper evidence can convince the courts to replace a trustee with someone capable of fulfilling their duties in a timely and responsible manner.
