Removing and Appointing a Trustee Through Loveland Courts
When your loved one chose a trustee to manage the assets in that trust, they made their selection in your best interest. While many choose their trustees wisely, three decades of experience have shown us that not all trustees take their roles seriously.
With over three decades of experience, our probate attorneys are here to help you address this common issue. Whether you need to appoint a trustee or petition the courts for removal, our attorneys will assist you in reviewing the necessary documents and navigating all legal requirements for a trustee change.
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, which may include real estate, stocks, and other investments
- Maintaining fiduciary duty and acting in the best interest of the beneficiaries
- Staying compliant by fulfilling all obligations outlined in the trust
- Maintaining records of any estate transactions and distributions
- Notifying the beneficiaries of the deceased’s passing and providing 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:
- The trustee committed a serious breach of trust
- Lack of cooperation among co-trustees substantially impairs the administration of the trust
- The court determines that removal of the trustee best serves the interests of the beneficiaries
- There has been a substantial change of circumstances, and the court finds that removal of the trustee best serves the interests of all of the beneficiaries, and is not inconsistent with a material purpose of the trust
How We Work: Our Probate Services
Overcoming common probate obstacles requires the perfect blend of knowledge, expertise, and compassion. The team at Jorgensen, Brownell & Pepin, P.C. offers exactly that. Our team offers comprehensive probate solutions in probate matters, including but not limited to:
Reviewing legal documents: We have over 40 years of combined experience in probate and know how to spot red flags when we see them. This is particularly true when it comes to wills, trusts, and other estate planning documents. Rest assured, we will review these documents with a scrupulous eye, ensuring they accurately reflect the wishes of the deceased and comply with Colorado laws.
Listening and advising: We believe in taking a collaborative approach. That begins with having an open conversation where we listen and inform you of your rights. This sets the tone for everything that follows, and we believe that it is one of the most important aspects of our work.
Resolving disputes: Often, beneficiaries are intimidated by trustees and outside parties. We aren’t. Whether it is inside or outside of the court, we are prepared to fiercely advocate on your behalf.
Challenging errors: When we see violations, breaches in duty, errors, and incomplete or cryptic language in important documents, we speak up. These are all grounds to challenge the validity of legal documents and responsibilities. And we are prepared to hold those responsible for these oversights, whether or not they are deliberate.
Supporting clients with a balanced approach: Maintaining efficiency is critical, but not at the expense of kindness and compassion. Our Loveland probate team is dedicated to helping clients overcome common 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 Loveland 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.
Probate Specialties
Get more information about our probate representation
We’ve Helped Others Like You
Get The Help You Need
Get JBP Legal’s experience on your side. Contact us for questions or a consultation.