Selecting the right trustee to look after your estate forms a significant part of ensuring that your estate is settled the way you want it to and your assets are distributed according to your wishes.
You ought to put a great deal of thought into selecting the trustee to safeguard your estate.
The trustee can come in any form; it can be an individual, an institution, or an attorney entitled to administer your estate. You are also required to include the mechanism in case you plan to change the trustee.
Here in Pennsylvania, this is how to remove a trustee.
Request to Remove a Trustee
You need to make the request to the court authority to remove a trustee. The request can be made by the settlor, a co-trustee, or a beneficiary, or the court may perform it for its own reasons.
When Court May Remove the Trustee?
If the court finds that the removal would serve the purpose of the trust and would be in the best interest of the beneficiaries, the court may decide to proceed with the removal.
Following reasons are also taken into account:
- The trustee has committed a serious breach of trust
- There is a lack of cooperation among co-trustees which can eventually impair the trust
- The trustee is unable to administer the trust due to unwillingness, unfitness of provided the consistent failures
- Change of circumstances
Court Remedies
In Pennsylvania, the court may order appropriate relief under section 7781(b), relating to remedies for breach of trust.
The actions are taken to ensure the protection of the estate and the interests of the beneficiary.
Contact a Knowledgeable Attorney
If you want to remove a trustee, a knowledgeable estate planning attorney will help you out. Contact Keystone Asset Protection and Estate Planning today and choose the best for yourself.