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Trustees can be easily changed on a revocable trust since the trust instrument's grantor is still alive and in charge, and changing the trustee is as simple as adding an amendment to an existing trust. You can write a new Trust and nullify the old Trust.
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.
The misappropriation of trust funds by a trustee holds them personally liable and can be so severe that it can be criminal. Before going down the path to sue the Trustee for breaching their fiduciary duty, a thorough strategic plan should be drawn out to uncover in sequence the probability of where the breach occurred.
On what grounds can a trustee be removed? There are several grounds which would justify a trustee being removed: Breach of trust ? the trustee has failed to follow the terms of the trust document. Death of a trustee ? being a trustee is a personal role, it cannot be passed onto the deceased' trustee's executors.
Removing or replacing the trustee If a beneficiary feels that the trustee has mismanaged the trust, he may want to replace the trustee. The trust documentation must be read carefully to know if a beneficiary has the power to remove a trustee. Of course, the Court always has the power to remove a trustee.