Are you unhappy with a trustee? Can you remove them?

Are you unhappy with a trustee? Can you remove them?

On Behalf of | Dec 8, 2020 | Probate And Estate Administration |

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.