Choosing the person you want to serve as the trustee of your trust is an important decision that may impact your estate significantly, for better or for worse. In some cases, the relationship between you and the trustee may deteriorate, and you may realize it is time to consider firing him or her and looking for a suitable replacement. If you find yourself thinking about this course of action, it is always wise to take a deep breath and consider some valid reasons you may have for removing a trustee before it is too late.
In general, trustee conflicts come down to personal conflicts and financial concerns. If your relationship with the trustee sours on a personal level, then it is wise to consider appointing someone to the position with whom you do not have personal complications. The same goes when your trustee develops conflicts with other parties that the trust affects, such as your beneficiaries. If you cannot trust your trustee personally, it is difficult to trust them in financial matters.
Your trustee may also fail to uphold his or her duties to protect the property you place in the trust. Whether this is due to neglect or poor management of the assets within the trust or because the trustee used the power of the position for self enrichment, it is never wise to leave a trustee in a position of power if he or she does not properly uphold the responsibilities of the job.
Before you remove your trustee, it is always wise to make sure that you have a strong grasp on the legal tools you have available to protect your interests. An experienced attorney can help you explore these issues and guide you as you work to resolve your trustee issues, keeping your rights and priorities secure with the strength of the law.
Source: FindLaw, “5 Reasons to Remove a Trustee From Your Trust,” accessed May 11, 2018
