(847) 714-2866 lauren@lejlaw.com

If you happen to be a beneficiary of a trust and you feel the trustee is not acting appropriately by either not following the terms of the trust, or is taking advantage of his or her authority, there may be a way to get the trustee removed from his or her position.


It partly depends on the terms of the trust. One way to find out whether a trustee may be removed is to review the terms of the trust and determine if the trustee has clearly violated any of the terms. If the trustee has, you could petition a court to have the trustee removed. It is not necessarily an easy or fast process, but depending on the size of the trust, or your share of the trust, it may be in your best interest to go through the process.


Another way to have a trustee removed is to show he or she has breached their fiduciary duty. Trustees have a duty to the beneficiaries of the trust and are required to make decisions that are in the best interests of the beneficiaries while utilizing a certain standard of care.  If you determine the trustee has not clearly violated any of the trust terms, but has made decisions that are not in the best interests of the beneficiaries, you may be able to sue him or her for breach of their fiduciary duties.  If you are the beneficiary of a trust and suspect the trustee is not carrying out his or her duties properly, the best course of action is to bring the trust to an attorney specializing in trusts and estates, have the document and the trustee’s actions analyzed, and get a determination as to whether you have grounds to sue to have the trustee removed.