It is often more difficult to remove and replace a trustee than to make the difficult decision of who to choose in the first place. However, a trend is being seen of lessening difficulty in removing trustees. The Uniform Trust Code includes a “no fault” provision for removing trustees in the states that have adopted the uniform law. The Superior Court of Pennsylvania removed a trustee in a case last year, on the showing of changed circumstances rather than requiring a showing of negligence or bias on the part of the trustee. In addition, recently created trusts tend to have provisions included that provide for trustee replacement.
See Amy Feldman, Dumping a Trustee, Barrons, Sept. 27, 2014.
Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.
