If you’re a beneficiary of a family trust or a creator or co-trustee and you think a trustee isn’t acting properly, then you can remove them.
A family trust offers tax advantages, long-term care benefits, and probate avoidance. However, family trusts aren’t exempted from disputes between beneficiaries and trustees.
Read this guide to learn how to remove a successor trustee from a family trust. You can also consult our family law lawyer for further details.
Trusts: Trustees, Beneficiaries, and Trustors
A family trust is established when the trustor and beneficiaries all belong to the same family.
The trusts are used to transfer assets and are managed by a trustee on the beneficiaries’ behalf. A legal document helps set up a family trust which appoints an initial trustee and co-trustees. The document also appoints successors if the initial trustees no longer serve due to removal, death, or resignation.
Can I Remove A Successor Trustee?
You can remove a successor trustee if they haven’t managed the trust as they should have. For instance, neglect or misconduct can lead to removal.
Today’s modern family trusts also designate a trust protector responsible for replacing and removing a trustee at will. Co-trustees and beneficiaries don’t have authority for removal unless specified otherwise.
If there’s no trust protector and the trustor has passed away, the co-trustees and beneficiaries can seek to remove a successor trustee through probate court.
What’s the Process of Successor Trustee Removal?
First, you’ll need to seek the legal advice of a trust litigation lawyer if you want to remove a trustee. The trust litigation attorney determines whether you can remove a successor based on legal cause and standing.
If yes, then the attorney files a removal petition with the probate court. The court schedules a hearing where the judge listens to the arguments of each party before giving a final verdict.
If the court decides in favor of removal, a replacement trustee is appointed. The court may award attorney costs and fees or compensatory damages, but that depends on the facts of your case.
Have More Questions? Talk to Our Probate Attorney!
Understanding the legal formalities can be difficult. If you want to remove a successor trustee from a family trust, seek legal help from our new york probate law at Ledwidge & Associates, P.C. We specialize in estate planning, Real Property Law firm Brooklyn, and inheritance disputes. Give us a call to schedule an appointment today.
Ledwidge & Associates
