How can I remove a trustee?
Trustees may voluntarily resign, they may be removed pursuant to terms of the trust, and they may be removed by court order.
Removal By Terms of Trust
According to Probate Code §15642, trustees may be removed in accordance with the terms of the trust. Some trust instruments contain terms giving one or more persons the power to remove a trustee. Some of those powers are limited to specific circumstances and others are more broad. The power is often linked to the power to appoint a successor trustee.
Removal By Court
The court may remove a trustee by its own motion or pursuant to a petition seeking removal filed by settlor, cotrustee or beneficiary.
Grounds for Removal
Pursuant to Probate Code §15642(b) a trustee may be removed for any good cause including, but not limited to, any of the following reasons:
A. Breach of trust
B. Insolvency of the trustee or other unfitness to administer the trust
C. Hostility among cotrustees that impairs administration
D. The trustees failure to act or declining to act
E. Excessive compensation
F. The sole trustee is a disqualified person, See Probate Code §21350(a)
G. Other good cause.