What can I do if the trustee is not following the Trust agreement?

Asked on February 5, 2016 under Estate Planning, Illinois


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the Trust includes provisions for removal of the trustee, those procedures should be followed to remove the trustee and appoint a successor trustee.  The Trust may have designated a successor trustee.
If the Trust is silent as to procedures for removal of the trustee, the beneficiaries can file a petition with the court for removal of the trustee and appointment of a successor.
There are numerous grounds for removal of a trustee; for example, breach of the duty of loyalty to the trust, self-dealing, conflict of interest, failure to make the trust productive by not making prudent investments, etc.  These are just a few of numerous issues that can be raised to seek removal of a trustee.  Failure to provide an accounting, not complying with the terms of the trust, etc., would be additional grounds for removal of the trustee because all of these items are evidence of the trustee's breach of duty owed to the trust.

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