Removing a trustee is something that you can do by waving a magic wand. The Ohio Trust Code only permits the removal of a trustee by a court:
- if the trustee has committed a serious breach of trust;
- if there a co-trustees who cannot cooperate to administer the trust; or
- if the trustee is unfit or unwilling to administer the trust.
So, with all of the trusts from Littlejohn Law, we designate a Trust Protector so that your loved ones can get access to certain documents, account information, etc. to make sure the trustee is doing their job. But if you still believe the trustee has failed to do their job or has committed a serious breach, then you must go forward with a legal action to remove the trustee.
What we see more often, than an actual legal battle to remove a trustee, is a trustee withdrawal successor trustee is appointed. In other words, the person originally appointed as a trustee decides that it’s too much of a headache to continue to be the trustee and resigns from performing any further “trustee” duties. As a result, the “successor trustee” begins to take action by providing the trustee services.
If you’re wondering if you should remove a trustee or what you should do if you’re being harassed by the beneficiaries, then give us a call at 740.346.2899 and we’ll be glad to help you determine your rights.