How to Remove a Trustee

you're out removing 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.

At Albertson & Davidson, our California trust and will litigation attorneys handle a wide range of matters involving trusts, wills, and probate. Our compassionate and skilled legal team has recovered more than $250 million in verdicts and settlements for our deserving probate and estate litigation clients.