Are you a beneficiary of a family trust in West Palm Beach? Are you upset with the behavior of the trustee? You may be able to have the trustee removed with the help of the probate court, read more to learn how.
Option One: Read the Trust
- Many clients come in looking to remove the trustee for a plethora of reasons.
- One of the first things an experienced Palm Beach probate lawyer is going to ask is what does the trust say?
- Many trusts have instructions about what a trustee can and cannot do.
- These instructions might even provide a list of successor trustees.
- What if you hate the new trustee even more than the old one?
- If the trustee has not breached the trust charter that does not mean that you cannot remove them.
- It does mean your job is going to be a little harder.
- How do you remove a trustee in West Palm Beach?
Option Two: Bad Behavior
- If you cannot remove the trustee for non compliance with the trust the next step is finding bad acts.
- That may sound hard but trustees have to keep a lot of records.
- Every asset should be accounted for and held separate from the trustee’s personal property.
- You may want to start by looking at your trust accounting to see if anything does not add up.
- You can always enlist an experienced accountant in West Palm Beach to consult you on the numbers.
- If you suspect bad acts on the part of the trustee you will want to talk to a Palm Beach probate firm that has experience with trust litigation.
- They will be able to give you a consultation on your chances for success and the hurdles that you may be facing.
- They may also find things you did not see!
- What kind of things should you be on the look out for?
- One big issue with trust bad behavior is so called “self dealing” where the trustee is taking an improper benefit.
- What constitutes an “improper” benefit?
- Any benefit that is not their fee.