A trustee has many jobs when it comes to handling the administration of the trust. Knowing what to do and how to handle this situation is key if someone believes that the trustee should step down or get removed. Not everyone involved will be on the same page about that process, either. This can make it more complicated to resolve the situation.
When it comes to managing a trust for the benefit of your loved ones, removing a trustee might be the only way to handle a serious conflict or problem that has emerged.
This occurs most often when trusts are used to provide for dependents and relatives in life as well as after death. There are five major reasons why you might want to pull your California trustee from his or her role. These include:
- Mismanaging trust assets
- Failing to comply with the terms of the trust
- Hostility or inability to cooperate with beneficiaries
- Good cause
If the trustee does not remove themselves from this role, beneficiaries must formally petition the probate court for a trustee’s removal. This does not become official until the beneficiaries have attended a court hearing. It can be very complicated to attempt to remove a trustee, particularly, if that person does not wish to be removed from that role.
Considering all of the complicated issues involved in the management of establishing a trust and in removing a trustee from this role, it is key to have a consultation with an experienced California trust lawyer.