Can a trustee be removed without consent?

Removal by the Trustor Trust agreements usually allow the trustor to remove a trustee, including a successor trustee. This may be done at any time, without the trustee giving reason for the removal. In order to do this, the trustor must give up the right to revoke the trust and to serve as trustee.

What can a trustee not do?

The trustee cannot grant legitimate and reasonable requests from one beneficiary in a timely manner and deny or delay granting legitimate and reasonable requests from another beneficiary simply because the trustee does not particularly care for that beneficiary. Invest trust assets in a conservative manner.

Can a trustee be removed from a trust?

The terms of the trust deed may impose specific obligations on the trustee, such as the duty to distribute certain trust assets to certain beneficiaries on a particular date. Refusal to perform these duties can render the trustee subject to judicial removal.

Can a trustee not give you information about a trust?

If you’ve also made a request for information about the trust (for example, what assets were in the trust when the settlor died, how trust money has been spent, what assets are left in the trust, etcetera) and the trustee will not give you the information and will not make a distribution to you then this may well be your situation.

How does a successor trustee change the title of a trust?

To change title of trust assets and obtain possession of them, the successor trustee must provide third parties, such as financial institutions, proof of the trustee’s death and existence of the trust. As evidence of the trustee’s death, the successor trustee should use a certified copy of the trustee’s death certificate.

What happens if a trustee refuses to perform his duties?

Refusal to perform these duties can render the trustee subject to judicial removal. The trust deed may also provide procedures for removal of a trustee and replacement with a successor trustee – upon unanimous agreement of the beneficiaries, for example. Some trust deeds appoint a “trust protector,” whose sole function is to hire and fire trustees.

A trustee who has not been fulfilling his or her duties to responsibly invest and distribute trust funds and readily share trust information can be removed from serving as trustee.

What to do if a trustee ignores trust terms?

File a petition with the San Diego probate court to compel the trustee to comply with the terms of the trust. The court will assess whether the trustee is in fact complying with the trust terms. If the court grants your request, the trustee will be given an order requiring him to perform certain acts that are outlined in the trust document.

Can a trustee be removed under Section 36?

However, the only people who can remove a trustee under section 36 are: If there is no such person, or no such person willing or able to act, then the remaining trustees or, if all other trustees have died, the personal representatives (the person or persons tasked with dealing with the estate of a deceased person) of the last trustee to die.

What does a trustee owe a beneficiary of a trust?

Of the beneficiary’s right to request a copy of the terms of the trust that describe or affect the beneficiary’s interest in the trust. Trustees must respond promptly to a beneficiary’s request for information about the administration of the trust, unless that request is unreasonable.