Can a Successor-Trustee be removed?
Many people wonder if it is possible to remove a successor trustee. This is a confusing topic as there are some cases in which this is possible and others where it is not. You cannot simply remove them because you feel like it. However, there are three ways that they can be removed from the position. Here is what you should know:
Court Order
A court order is one way to get them removed. However, this takes a lot of evidence of negligence. You would be hard pressed to prove this to a court on your own without any help from legal counsel. They will also help you avoid critical mistakes.
Beneficiaries
If all the beneficiaries come together, they can vote to remove the successor. However, most laws require this vote to be unanimous. If even one person does not agree, it might void the motion to remove the successor. This can also depend on the jurisdiction you are dealing with.
Protector
If someone is appointed as the official protector of the trust, they can often remove the successor. This depends on how it was written. Often, the best choice is to consult a lawyer who can help you determine your options.
Hiring a Lawyer to Help You
Fridley Law Firm is the best resource for you if you want to find a qualified, professional Orange County estate planning lawyer. They can help you with all matters regarding your Orange County estate plan. They can navigate the court documents and processes so that you don’t have to.
If you are the beneficiary of an estate or otherwise involved with it, then you have a lot at stake when a successor is appointed. You might wish to take action to remove a successor who is failing. Luckily, with an Orange County estate planning attorney this is possible without a lot of hassle, so don’t hesitate to get a professional involved.