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What if I Don’t Trust My Trustee? – Part I

Trusts have become ubiquitous parts of estate plans. Many Estate Plans use revocable trusts as the foundation for the plan while others include irrevocable trusts. Regardless of the planning reason, every trust needs a trustee. The grantor may name the beneficiary as trustee, or the grantor may name another individual or entity as trustee, creating a natural tension between the beneficiary and trustee. If the tension becomes too great, the beneficiary may seek to have the trustee removed. As expected, the avenues for removal depend upon the trust instrument itself, as well as any statutory remedies available.

February 14, 2023 //  by Andrew Slaton-Freeman

Here at the Slaton Schauer Law Firm, PLLC, we have found that trusts are useful for many people–not just the ultra-wealthy! Many estate plans use revocable trusts as their foundation while others include irrevocable trusts. Whatever their type, keep this in mind: every trust needs a “Trustee,” a manager. Who do you trust to fill that role? The grantor (the creator of the trust) may name the beneficiary as trustee… or the grantor may name another individual or entity as trustee, which can create a natural tension between the beneficiary and trustee. If that tension becomes too great, the beneficiary (or beneficiaries) may seek to have the trustee removed. As expected, the avenues for removal depend upon the trust instrument itself, as well as any statutory remedies available.

 

What are the likely avenues for trustee removal? How does this actually shake out in practice? Please click here to view a useful article on the AAEPA’s website that goes into more detail– and note that this is the first article in a short series. Thanks!

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Andrew Slaton-Freeman
Andrew Slaton-Freeman
Estate Planning Attorney at Slaton Schauer Law Firm, PLLC
Before practicing exclusively in Estate Planning Law, Mr. Slaton-Freeman worked in research contracts for Texas A&M University, for a major international defense contractor, and the Texas Office of the Attorney General. His background includes trial litigation, business law, analysis of complex contracts, and estate planning.
Andrew Slaton-Freeman
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Category: Estate Planning, Legal Education

Previous Post: « Do I Trust You? Part I
Next Post: Choosing Your Executor »

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