Removing and Appointing Trustees in Denver
30+ Years Later: Still Protecting Assets and Legacies
Tending to trust matters is an important responsibility. While most trustees are dedicated to carrying out their duties in the best interests of beneficiaries, we have seen far too many trustees neglect their responsibilities and act out of self-interest. When this occurs, we step in and act on behalf of beneficiaries.
If a trustee has been negligent or breached their duty, contact us immediately. With over 40 years of combined probate experience, the legal team at Jorgensen, Brownell & Pepin, P.C. offers the strategic approach and compassionate guidance you need to stay protected.
We specialize in a variety of probate matters, including the appointment and removal of trustees. From reviewing trust documents to navigating the legal requirements for trustee changes, we will work diligently to ensure you achieve the best possible outcome.
Trustees: Responsibilities and Reasons for Removal
A trustee is responsible for managing the assets held within a trust in accordance with the terms specified in the trust document and applicable laws. Some of the key duties and responsibilities of a trustee include:
- Managing assets
- Acting in the best interest of the beneficiaries
- Maintaining legal compliance
- Maintaining records
- Providing beneficiaries comprehensive information regarding trust matters
When trustees fail to fulfill their duties, they may be removed at the request of the settlor, a co-trustee, a beneficiary, or the trustee. The court will likely intervene if:
- There has been a breach of trust
- There is a lack of cooperation among co-trustees
- The court rules that trustee removal will benefit heirs
Circumstances change, and the courts believe removal is the best course of action
Why Denver Families Turn to Jorgensen, Brownell & Pepin, P.C.
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 Denver probate lawyers can assist you in removing or appointing a trustee to protect and manage your assets. We have 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 to resolve your probate matter in an effective and timely manner.
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