Individuals who set up trusts do so to protect their funds from being overtaxed, easily squandered and to protect a loved one’s eligibility for government benefits such as Medicaid. It can be unnerving for you to find out that your trustee isn’t carrying out their assigned duties or acting in a financially prudent way. Many signs may send a message to you that it’s time to replace your trustee. Hostility directed at beneficiaries One of the primary reasons that you may be motivated to remove a trustee from their role is if they treat beneficiaries with hostility. Breach of fiduciary duty Another leading reason you might decide to do so if they repeatedly fail to comply with the trust terms. When they’re appointed to their role, they’re given legal ownership and management rights over the trust. It’s their responsibility to administer it in the best interest and for the benefit of the designated beneficiaries- not themselves. If they fail to perform their assigned responsibilities, then it may be time to consider removing them from their role. This is most apt to occur if they do something to devalue the funds contained in the trust. It can happen if they engage in self-dealing or doing things that benefit them more than the beneficiaries. There are many valid reasons for you to request that a trustee be removed from their role. Anyone in Cincinnati attempting to make a case for removal should come to court prepared to provide their Ohio judge with a reasonable and rational justification for doing so. A probate and estate disputes attorney can advise you of some of the steps that you should take if you’re looking to move forward in your case.
Certain actions call for a removal of a trustee from their role
On Behalf of Lindhorst & Dreidame Co., L.P.A. | Jul 16, 2019 | Probate and Estate Disputes