Removal of Trustee

HomePractice AreasEstate & Trust LitigationTrustsRemoval of Trustee

Similar to the Executor or Administrator of an Estate, a Trustee owes a duty of undivided loyalty to the beneficiaries of the trust. In addition to possibly being surcharged, a Trustee may be removed if the Trustee is not properly performing its duties. Although the appointment by the creator of the trust carries substantial weight with the Court, if the Trustee is not doing its job, it is removed and a Successor Trustee is appointed.