Removing and Appointing Trustees in Broomfield
Keeping Trustees Accountable Since 1989
Trustees have an important set of responsibilities. They are not only required to oversee trust assets and ensure the terms of the trust document are fulfilled but also to act in the best interests of beneficiaries.
Unfortunately, three decades of probate experience have shown us that not all trustees take their roles seriously—one reason Broomfield families turn to the legal team at Jorgensen, Brownell & Pepin, P.C.
Whether you need to remove a trustee due to negligence, incompetence, or conflicts of interest, we can assist. From reviewing trust documents to navigating the legal requirements for trustee changes, we will work diligently to ensure you achieve the best possible outcome.
If you need to remove or appoint a trustee, please contact us.
Trustees: Responsibilities and Reasons for Removal
You may not agree with how a trustee handles estate matters. However, establishing grounds for removal requires evidence of misconduct, including negligence, incompetence, conflicts of interest, or a serious breach of trust.
More specifically, the court will need evidence that the trustee has failed to:
- Manage assets with competence
- Maintain fiduciary duty
- Act in the best interest of the beneficiaries
- Stay compliant
- Fulfill all obligations outlined in the trust
- Maintain records of any estate transactions and distributions
- Provide beneficiaries with critical estate information
We will thoroughly assess your situation and determine if there are valid legal grounds for removing the trustee. If necessary, we will guide you through petitioning the court for the trustee's removal and assist you in appointing a more suitable replacement.
Why Colorado Families Turn to Our Probate Attorneys
Navigating complex estate matters requires the perfect blend of knowledge, expertise, and compassion. The team at Jorgensen, Brownell & Pepin, P.C. offers exactly that. Here’s what you can expect when you work with our Colorado probate team:
- 40+ Years of Experience: We’ve built a reputation on competence and compassion. Our track record speaks for itself and we encourage you to see what our satisfied clients say about us.
- Custom Legal Solutions: While we believe in upholding Colorado law, we don’t believe one-size-fits-all solutions are the right approach. You are as unique as your case. We will work with you to find a custom solution tailored to your needs and goals.
- A Comprehensive Approach: We understand the nuances of removing and appointing trustees. Let us help you navigate the process and ensure you fulfill your duties with confidence and peace of mind.
- Compassionate Guidance: Maintaining efficiency is critical, but not at the expense of kindness and compassion. Our team is dedicated to helping clients overcome common probate obstacles with the right balance of strategy and care.
Frequently Asked Questions
How can a trustee be removed from their position?
A trustee can be removed for reasons such as breach of fiduciary duty, incapacity, or failure to comply with the trust's terms. The process typically involves a court petition—unless the trust document provides a specific procedure for removal. Our attorneys can assist in evaluating the situation, gathering necessary evidence, and representing your interests in court to seek the trustee's removal.
What are the legal grounds for appointing a new trustee?
A new trustee may be appointed if the trustee resigns, dies, or is removed. A new trustee can also be appointed if the trust document allows it or if a court deems it necessary for the trust’s proper administration.
Can a trustee resign?
Yes, they may resign by notifying the trust's beneficiaries and co-trustees in writing and following any specific resignation procedures outlined in the trust document. Our attorneys can guide trustees through the resignation process, ensuring they comply with legal requirements and the trust's provisions.
What happens if a trustee is unable or unwilling to perform their duties?
They may be removed and replaced by a successor trustee as named in the trust document or by court appointment if no successor is named. Our attorneys can help navigate the complexities of replacing a trustee, ensuring the trust continues to be managed according to its terms and for the benefit of the beneficiaries.
How is a new trustee appointed?
A new trustee is typically appointed according to the trust document’s provisions or by a court if the document does not specify a procedure. The process may involve the beneficiaries' consent or a court hearing to confirm the appointment is in the trust's best interest.
Protect Your Assets: Contact Jorgensen, Brownell & Pepin, P.C.
Our skilled Colorado probate lawyers can assist you in removing or appointing a trustee to protect and manage your assets. We have over 40 years of combined experience and have successfully handled countless complex probate issues. Regardless of the complex aspects of your case, we are confident in our abilities to assist you. We will work strategically in order to resolve your probate matter in an effective and timely manner.
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