How Do I Remove a Trustee?

If you are a beneficiary of a trust, you must rely on the trustee to complete his or her duties and manage the assets in the trust properly. If you feel this person is not doing a proper job, you may be able to have the court remove him or her from the position. 

Removing a trustee, according to the Michigan Legislature, requires specific actions on the part of the individual because the law is quite specific on this point, giving three actions or situations in which a trustee is proven not fit for the job. It is possible during the case to have the court take action to protect the trust assets or your interests. In addition, the court may also take other interests besides removing the trustee to further protect the interests of the trust. 


The court may remove a trustee for doing an ineffective job. This might mean the person is unfit to carry out the duties or consistently fails to do what he or she should as part of his or her obligations as a trustee. 


If there is more than one trustee and they cannot get along or cooperate to make proper decisions regarding the trust, then the court may remove one or more of them from the position. 


Since trust administration may be a long-term situation, circumstances can change. At some point, the court may feel the situation no longer allows the trustee to do an adequate job. In this case, the court would only make the ruling if there was someone else available to step in as a trustee or there are multiple trustees of the estate.