What happens when you feel the person who manages your trust is no longer the right person to do so? If you want to remove them, there are several possible ways to do so.
Does the trust have a removal clause?
The person who set up the trust might have defined the situations in which a trustee can be removed and who can remove them. If so, you may have a clear way to remove a trustee, providing you meet the requirements.
What if the trust does not have a removal clause?
If your trust does not have a removal clause, then the court should refer to the Mississippi Uniform Trust Code to decide if you can remove a trustee.
When does the Mississippi Uniform Trust Code allow you to remove a trustee?
When all the beneficiaries want to remove the trustee: If all the beneficiaries agree to remove a trustee, you usually can, as long as the person who set up the trust did not choose the trustee for a specific reason.
- When the trustee is not trustworthy If you can prove the trustee has breached the trust they were given.
- When the trustee is managing the trust badly: If you can prove the trustee does not manage the trust well and is affecting its value.
- When the trustee does not work well with another trustee: If you can prove the trustee does not work well with the other trustees and it is harming the value of your trust.
If you do decide to try and remove a trustee, you are not going to be able to do it alone. An attorney with experience in estate litigation can help you present your case.
