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How to Remove a Trustee

In some instances, a trust document will give a beneficiary the power to remove the trustee.  The first thing you should do is take a look at your trust document.  Look through the trustee provision and see if there is a provision for removing the trustee.  A removal provision would say something to the effect that you, as the beneficiary, have the right to remove a trustee and appoint a successor trustee. Sometimes it will say all of the current beneficiaries acting as a majority have a right to remove a trustee and replace them with a successor trustee.

 

 

Check Trust Document for Removal Provision

In some instances, your trust document will give a beneficiary the power to remove the trustee.  The first thing you should do is take a look at your trust document.  Look through the trustee provision and see if there is a provision for removing the trustee.  A removal provision would say something to the effect that you, as the beneficiary, have the right to remove a trustee and appoint a successor trustee. Sometimes it will say all of the current beneficiaries acting as a majority have a right to remove a trustee and replace them with a successor trustee.  Now, not every trust is going to have a removal provision.  Some trusts do.  Some trusts don’t.  In fact, in a majority of situations, a trust probably will not have a removal provision.

But if your trust has it, it can be a very easy way to rid yourself of a bad trustee and put somebody else in that trustee office who can do a better job managing your trust estate.