You should have an attorney review the trust to see if it contains provisions relating to the removal of a trustee.  If the terms of the trust do not provide another means of dealing with the problem, you may be able to bring an action in court, where the judge has the power to remove a trustee if you can show that the trustee has violated or attempted to violate the terms of the trust, the trustee has become incompetent, or if the judge finds that the trustee should be removed for other cause.  “Other cause” might exist where the trustee has breached fiduciary duties to you as beneficiary by, for example, self-dealing, failing to make required distributions, or stealing trust property.

Last updated on January 6, 2011 by Glenn Karisch