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Wills & Estates

Petition for Removal of Trustee

Petition for Removal of Trustee

Petition for Removal of Trustee

A Petition for Removal of Trustee is a legal document filed with the court to request the replacement of a current trustee. Key elements include:

1. Identification of the trust and current trustee

2. Grounds for removal, such as:

   – Breach of fiduciary duty

   – Mismanagement of trust assets

   – Conflict of interest

   – Incapacity or inability to serve

3. Evidence supporting the claims

4. Request for appointment of a successor trustee

5. Notice to interested parties

This petition initiates a legal process to protect the interests of beneficiaries and the trust itself. The court will review the petition, hear arguments from both sides, and make a decision based on the evidence presented. If successful, the court will remove the trustee and appoint a replacement. Filing this petition is a serious step that should be considered carefully, as it can be costly and may impact relationships among trust participants. It’s advisable to seek legal counsel before proceeding with such action.