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.