COVID-19 Update: Sowards Law Firm is open and ready to serve clients during regular business hours. At this time, we are doing remote trust signings via Zoom/GoToMeeting, mobile notaries, and drive-up notaries. Please call us at (408) 371-6000 or use our online form to set up a teleconference. Watch this video to learn more.

Estate Planning - Removing a Trustee

When it comes to your estate plan, appointing a trustee is serious business.

That trustee will have a number of responsibilities -- including a fiduciary duty to the trust beneficiaries.

That means any decisions he or she makes with regard to the trust, *must be in the beneficiaries' best interest.

You'd like to believe a trustee will honor their obligation and do the right thing. Sadly that's not always the case when a trustee commits fraud or misconduct, or in anyway mismanages the trust... You can petition to have them removed.

And that's when you need the trust and probate team at sowards' law firm. Their team will guide you through the process of filing a claim against a trustee.

That person may be outright stealing... Or they may simply be failing to:

Manage real estate according to terms of the trust communicate with the beneficiaries pay the trusts' bills or debts or liquidate assets appropriately

Attorney Ben Sowards says:

The outcome of every case is different, sometimes the court will order assets to be put back in the trust, or if the trustee spent money on non-material things, there could be a monetary judgement against the trustee.

If you are the beneficiary of a trust and you believe it's not being handled correctly, call sowards law firm... Or visit