When someone creates a trust for their heirs, they must choose someone they trust to manage it. This person is known as the trustee. As the beneficiary of a trust, you may come to disagree with that choice. If that happens, you may wish to try and remove them from their position.
When can you remove a trustee?
Under the Mississippi Uniform Trust Code, there are only certain circumstances in which you can remove a trustee:
- A serious breach of trust has occurred: If a trustee has been using the trust to enrich themselves, for example.
- The trustees cannot work together: Where there is more than one trustee, an inability to co-operate will end up harming the trust.
- The trustee has not been managing the trust properly: This could be because they are either unfit or unwilling to do so.
- Due to a significant change in circumstances: Trustees can sometimes be finance institutions. These may undergo mergers and takeovers.
- All the qualified beneficiaries request the removal: A court would only approve this if there are valid reasons that do not go against the spirit of the trust.
Who can request the removal of a trustee
In order to remove a trustee, the request must come from one of the following people:
- The person who created the trust
- A beneficiary
- A co-trustee
There are situations, of course, where the court can also choose to remove a trustee if it finds such action necessary.
What should I do if I want to remove a trustee?
If you believe you meet the necessary grounds to request a court remove a trustee, you will need legal help. You may face resistance from the trustee or any other beneficiaries. An attorney can help you compile evidence and argue your case to the court.
