This is the next article in our discussion of the rights of beneficiaries in a Hartford, Connecticut trust dispute. Our last post discussed how beneficiaries can require a trustee to provide information. It is important that you take action as soon as possible if a trustee is not making the required disclosures. Doing so can help to ensure that the assets of the estate are not being wasted. This article will follow up that discussion by discussing the removal of a trustee as a solution to a trust dispute. If you or a family member are in need of assistance, then contact our office today to speak with a lawyer.
It should be noted that removing a trustee does not necessarily need to be the first step in any disagreement. Doing so can slow down the administration of the trust and can also be costly to all sides in terms of legal expenses. Many disputes can be resolved through a quick phone call or by the informal involvement of an attorney. Such resolutions can allow the administration of the trust to quickly continue. There are instances, however, when such efforts fail or when a trustee’s violations are so egregious that they require immediate removal. In these situations, it is important that you take immediate action to protect your rights.
The removal of a trustee begins by filing an action with the Probate Court. If the trust’s assets are being squandered it can also be necessary to seek an immediate injunction to prevent further waste. Grounds upon which the Court will remove a trustee include:
- The trustee being incapable of performing their duties or simply refusing to do so
- The trustee is wasting the estate
- The trustee has failed to post an appropriate bond
- The trustee is not cooperating with co-trustees
- The trustee is unfit or unwilling to administer the estate
- The trustee has failed to effectively administer the estate
- Changes in circumstances require removal so that the goals of the trust can be effectively met
Whether a trustee’s conduct falls under one of these situations will depend on the facts of the case. Also, it must be understood that a difference of opinion as to how to administer the estate does not typically mean that misconduct is occurring. Finally, simply disliking the trustee does not mean that they are “unfit.”
If the Court removes the trustee, then a successor trustee, named in the instrument, will typically take over the administration of the trust. If the instrument does not name a successor, or if the Court finds that the named successor may not serve in the role, then the Court may appoint an appropriate successor to carry out the administration of the trust. Such an individual would have to meet the requirements of Connecticut law to fill the position.
If you or a family member are involved in a trust dispute, then contact our office today to speak with a Hartford probate lawyer. Our firm is dedicated to providing the highest level of service, and we look forward to speaking with you. We also service the areas of Wethersfield, New Britain, Rocky Hill, East and West Hartford, Bristol, Glastonbury, and Manchester, as well as the Middlesex County cities of Middletown and Cromwell.
