When should you replace a trustee?

On Behalf of | Jan 5, 2022 | Estate Planning

Estate litigation in California is necessary if you have a trustee who refuses to step down from their role. If you create a trust, then you have a right to declare the directives of that trust. The people chosen to manage a trust’s assets must perform and show consistency. This isn’t always the standard that trustees live up to. There could be a number of reasons why you find it necessary to replace yours. You need competent and reliable people to manage your estate.

The work of a trustee

A trustee must manage your assets based on your wishes and professionally deal with the beneficiaries of the trust you created. You choose who the trustee is and how they work. Until you pass, that trustee must be attentive to your needs and must take your written directives to heart after you pass. It’s ideal if your trustee is financially literate and has prior experience.

Neglecting directives

Consider a new trustee if you find out that your directives are being ignored. When you wrote your trust out, time and effort was invested in order to create a strategy that builds or protects your estate. You can’t ensure that your estate is headed where you want it if your trustee isn’t following your directions. A replacement might be necessary in such cases.

Working for their personal interests

Large estates have assets that outsiders might feel such estates could do without. Anytime a trustee manages assets in order to steal or benefit themselves, there is a breach of their fiduciary role. Your trustee must have your financial interest in mind, and this would, in general cases, disable them from working for their own interests.

Keep in mind future beneficiaries

Estate litigation in California involves beneficiaries who receive the assets of a trust. The trustee, however, is the person assigned to distribute the assets. The relationship a trustee has with beneficiaries should be cordial. The trustee has no authority beyond what the trust gives them. When beneficiaries feel neglected by their trustee, a change might be necessary.