Utah Motion to Remove Trustee of Trust
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How to fill out Utah Motion To Remove Trustee Of Trust?
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FAQ
The New South Wales Supreme Court administers the rules of equity and also has the inherent authority for removing a trustee in New South Wales. The considerations for doing so are a little broader than those under the Trustee Act.
Procedurally, to remove a California Trustee you have to file a petition in Probate Court. Before filing in Court, however, you should look at the Trust document. Some Trust documents give the beneficiaries the power to remove and replace a Trustee.
Typically, a court will remove a trustee if a beneficiary or beneficiaries prove that:The trustee has not fulfilled their duties as laid out in the trust deed; or. The trustee is exercising their power prejudicially to the interests of the trust's beneficiaries.
The interested party pays the attorney, but if the removal action is successful, the judge may order reimbursement from the estate.The trust pays this attorney, but if the judge removes the Trustee for bad acts, such as Breach of Fiduciary Duty, the judge may order the Trustee to repay the amount given to the lawyer.
The court can remove a fiduciary, such as a Trustee, when the court believes that the Trustee has taken action counter to the beneficiary's best interest breaching their fiduciary duty.
If, however, your Trust does not give you the power to remove a Trustee (and most Trusts do not include that type of power), then you must file a Petition to Remove the Trustee in Probate Court. The problem with a removal petition is that it requires a trial before the court will decide on removal.
With an irrevocable trust, you must get written consent from all involved parties to switch the trustee. That means having the trustmaker (the person who created the trust), the current trustee and all listed beneficiaries sign an amendment to remove the trustee and replace him or her with a new one.
Some Trust documents give the Trust beneficiaries, or a stated person, the right to remove a Trustee.If, however, your Trust does not give you the power to remove a Trustee (and most Trusts do not include that type of power), then you must file a Petition to Remove the Trustee in Probate Court.
Trustees can be easily changed on 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.