Trustees have an important responsibility in trust administration matters, and failing to uphold these responsibilities can result in a trustee being removed or suspended. In any case, these matters are complex, and our attorneys at RMO can provide valuable guidance in the process.
Trustee removal, suspension, or resignation occurs when a trustee is removed from their position in managing a trust, either through a legal contest or voluntarily. Under a revocable trust, the person who created the trust can remove a trustee. In an irrevocable trust, the trustee can often be removed through a majority vote from the beneficiaries, depending on the trust.
Removal or suspension of a trustee can occur for a variety of reasons, including a trustee becoming incapacitated or violating their fiduciary duty by mismanaging trust assets or ignoring the terms of the trust.
Under California and Texas law, a trustee can also resign from their position voluntarily if they follow the terms of the trust instrument, or they petition a court for permission to resign as trustee.
There are special circumstances and grounds that must be in place to justify a trustee removal or suspension, so it can be helpful to have the support of an attorney in this process. Our team at RMO Lawyers offers guidance and representation to clients seeking trustee removal to protect a trust.
Cases of trustee removal, suspension, or resignation require specific processes to follow under the law. Our lawyers can provide support in navigating all the following steps surrounding removal, suspension, or resignation.
Trust creators, also known as settlors, co-trustees, and beneficiaries have various rights under the law that warrant their ability to petition for a trustee removal.
In California, trustees can be removed based on Cal. Probate Code §15642. This can happen through the trust’s terms, court action, or if a settlor, co-trustee, or beneficiary petitions under Section 17200.
Under Tex. Prop. Code § 113.082, a trustee in Texas can be removed according to the terms outlined in the trust instrument. Alternatively, upon the petition of an interested party and after a hearing, a court has discretion to remove a trustee and withhold some or all of their compensation.
It’s essential to seek guidance from an attorney when considering these codes for trustee removal. Trust law is intricate, and the application of these statutes depends on the specific details of your case. An attorney can analyze your circumstances comprehensively, ensuring your rights are protected and implementing effective legal strategies
RMO’s attorneys can provide guidance on whether your case has legal backing to justify trustee removal or suspension.
Trustees have several duties to follow under the law. If trustees fail to uphold these fiduciary duties and maintain proper conduct, beneficiaries may have grounds to call for the trustee’s removal or suspension. A few examples of the trustee’s duties include administering the trust according to the terms of the instrument, treating all beneficiaries fairly, abstaining from using the trust for their own benefit, and others. RMO can help assess whether fiduciary duties have been violated and determine whether a case is justified.
Beneficiaries have special rights and protections in their relationship to the trust agreement and have the right to petition for trustee removal in instances where they feel a trustee has violated their duties. Our lawyers at RMO will represent beneficiaries to uphold their rights and protect their interests in a trust.
Our probate attorneys focus on all types of trustee removals, suspensions, and resignations. Whether you’re a trustee, executor, heir, or beneficiary we can help you resolve your probate dispute.
A trustee removal, suspension, or resignation can occur under a variety of circumstances, often to protect the interests of the trust. At RMO Lawyers, we support clients in all the following scenarios.
Trustee removal, suspension, and resignation are all complex processes. An attorney can be an excellent resource for offering guidance and answering questions along the way. Because the removal or replacement of a trustee impacts the trust, several parties can benefit from the support of an attorney.
You should contact an attorney for trustee removal in the following scenarios:
If you have any questions about the trustee removal, suspension, or resignation process, schedule a free consultation with RMO Lawyers. Regardless of whether you are a trustee or a beneficiary in a trust, our team can provide valuable guidance surrounding the removal or replacement process.
A trustee removal, suspension, or resignation can affect multiple parties in a trust, including the trustee and the beneficiaries. RMO represents the following potential clients in cases surrounding a change in the role of a trustee.
Our lawyers can defend trustees who are being either forcefully removed or asked to step down. At RMO, we have a strong track record of successfully representing trustees in cases of removal or suspension. We’ll take the appropriate steps to defend the integrity of the trustee in cases where they have upheld their fiduciary duty.
In cases of cooperation of co-trustees, one trustee may experience concerns with the actions or conduct of another. Our lawyers can represent co-trustees in calling for trustee removal to ensure they are able to properly administer the trust and preserve the integrity of the estate planning documents.
Beneficiaries and heirs have a direct interest in ensuring a trust is managed properly. These parties may develop concerns with the actions or conduct of a trustee. We can support beneficiaries and heirs in building a case for trustee removal by gathering evidence and presenting the facts to the court for removal or suspension.
In the case of a revocable living trust, the person who created the trust has the discretion to remove the appointed trustee. Our attorneys can help settlors navigate the legal removal process outlined by the trust and offer guidance in the steps necessary to replace the trustee.
Answers to common questions about trustee removal, suspension, resignation, helping you better understand your rights and the legal processes involved in protecting your interests.
In most jurisdictions, a trustee can be removed by the court, by the terms outlined in the trust document itself, or by the beneficiaries of the trust, the trust maker, or co-trustee under certain circumstances.
The grounds to have a trustee vary in each jurisdiction. Seeking guidance from an attorney is crucial when contemplating trustee removal based on these codes. Trust law involves intricate nuances, and the interpretation of statutes relies heavily on the unique aspects of your case. An attorney can conduct a thorough analysis of your circumstances, safeguarding your rights and formulating the most effective legal strategies to navigate the complexities of the situation.
Insights and advice on trustee removal, suspension, resignation from our blog.
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