Sample Petition To Remove Trustee Without Consent
Description
How to fill out Tennessee Petition For Removal Of Trustee And Appointment Of Substitute Trustee?
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FAQ
The trustor may have included provision in the trust for a third party, such as an attorney, to remove the trustee under certain circumstances. The trustee can also request their own removal voluntarily if they believe they are not fit for the role.
A petition for removal of a trustee can be filed by either a co-trustee or a beneficiary. The petition may also seek financial damages from the trustee. Sufficient evidence needs to be submitted to show the court that the trustee violated the terms of the trust agreement or their fiduciary duty.
Other factors considered in deciding whether to remove a trustee are whether the hostility involves more than one co-trustee and whether the hostility is coupled with a conflict of interest on the part of the trustee who is the object of removal.
State laws vary, but they generally require the trustee to notify the beneficiary in writing of the reasons for removal, and to give him the chance to respond. In some cases, the trustee must also give the beneficiary a hearing during which he can present his case.
Removing a trustee from a trust Interested parties, such as beneficiaries or co-trustees, initiate by filing a petition with the relevant court. They detail reasons for the trustee's removal, and if the court sees merit, it may mandate the trustee's departure. Legal guidance is often recommended in such matters.