When a trustee is installed in that role, they have plenty of responsibilities. It’s up to them to carry out this role with a high level of ethics. Sometimes, however, a Michigan trustee wants to step out of the role or beneficiaries of that trust want that person removed.
A trustee can only be removed from his or her role in certain situations. It falls to the person who is alleging that the trustee has violated one or more terms of the trust to illustrate these circumstances and to push for trustee removal. A trustee can be removed in Michigan if they:
- Commit a serious breach of trust
- Have a failure to administer the trust effectively
- Are unable to cooperate with other co-trustees and this impairs the trust administration
- If the trustee is unwilling or unfit to serve in this role
- If there has been a substantial change in circumstances and the court determines that the removal of the trustee is the best step to take in this circumstance.
As you can imagine, it can be difficult to navigate this situation as a family member. You need to consult with an experienced and knowledgeable estate planning lawyer if you plan to create a trust in Michigan and have questions about how to proceed. The support of an experienced lawyer can go a long way towards minimizing your concerns and preparing you for next steps.
Do not hesitate to work with a dedicated estate planning lawyer when you create a trust in Michigan to articulate who you want to serve as the trustee and any other circumstances that you want to be considered when beneficiaries are concerned about trustee removal.
- Estate Planning for Couples Marrying Later in Life - April 25, 2023
- Myths and Misconceptions About Retirement Planning - March 22, 2023
- Choosing a Guardian for Minor Children - January 24, 2023
I’m a successor trustee and unable to manage a trust due to PTSD.
My trustee/beneficiary half-brother drinks heavily, on top of medications for extreme anxiety and high BP. He’s displayed obvious signs of a narcissistic personality disorder. Likely killing himself in the process.
I have psych experience, he clearly needs help he flatly refuses, and claims he’d rather be dead instead.
What I need is…
Petition probate for removal for alcohol abuse.
Irrevocable trust was up to close last July 1, will require a probate acceptable lawyer assigned as our fiduciary.
Sorry, our trust is heavy with conflicts of interest from years of management by the current trustee. Includes self-serving, fund mismanagement, thievery, abuse of beneficiaries, and allowing the only trust house to fall into uninsurable ruin.
I would like to avoid any monetary judgements against him. Not forgiving him may kill him in his current condition. Basically, just a simple removal on health grounds, plus a probate order for proper therapy. The main goal here is to enable him to buy this house. Only one year away from a VA Habitat home restore. Trustee claims it’s charity and won’t allow it. After decades of ruin, he believes the house is his?
Interested? Please contact me.
Second request. Any chance you can do a simple probate petition for removal of ailing trustee?