Disputes between trustees and beneficiaries happen, even in the most careful families. When a trustee blocks information, favors themselves, or just will not do the job, the trust can suffer fast.
At Casey Lundregan Burns, P.C., we have helped Massachusetts families for over 90 years, and we have seen what works in court. Our goal here is to give you a clear path to filing a trustee removal petition and building a winning record.
Grounds for Trustee Removal
Courts remove trustees for “cause,” which means there is a real problem tied to trust duties or the purposes of the trust. The statutes and cases below are often cited, and they help set expectations about what proof you need.
Breach of Trust
A trustee can be removed for a serious breach of trust. This can be a single major transgression or an accumulation of smaller breaches that together constitute serious misconduct. A serious breach can include failing to keep beneficiaries reasonably informed. A lack of transparency can often hide more significant problems.
Lack of Cooperation Among Co-Trustees
If co-trustees cannot cooperate and the deadlock hurts administration, removal is on the table. Ordinary friction with beneficiaries usually is not enough unless it causes a breakdown in communication and delays needed decisions.
Unfitness, Unwillingness, or Persistent Failure
An AA trustee can be removed for being unfit, unwilling, or persistently failing to administer the trust effectively.
- Unfitness can refer to a lack of basic competence.
- Unwillingness can manifest as a refusal to act or general indifference.
- Persistent failure can be demonstrated by a track record of poor investment results when compared to reasonable benchmarks.
Change of Circumstances
A substantial change in circumstances can also justify the removal of a trustee if removal serves the best interests of the beneficiaries and aligns with the trust’s purposes. This could include changes in the trustee’s location or the nature of their services, or a shift in where the trust is administered.
Who Can File a Petition for Trustee Removal?
Standing matters. Not everyone can ask the court to remove a trustee, and filing from the wrong position can sink a case early.
The settlor (the person who created an irrevocable trust), a co-trustee, or a beneficiary can file a petition for removal. A court also has the authority to remove a trustee on its own initiative if the evidence warrants it.
Steps to Filing a Trustee Removal Petition
Consult with a Probate Attorney
Engage a lawyer early to help prevent harm to the trust that cannot be undone. Counsel can investigate suspected misconduct, request accountings, and prepare the petition with the right supporting law.
A lawyer can also push for temporary orders if assets are at risk. That can stop losses while the case proceeds.
Damages and Attorney’s Fees
Removal is not the only available remedy. Courts can also take action to remedy the harm caused by a breach of trust. This may include:
- Compelling the trustee to pay money to redress the breach
- Ordering a full accounting and disclosure of information
- Reducing or denying the trustee’s compensation
- Imposing a constructive trust or lien to recover trust property
- Granting any other relief that is appropriate for the breach
In Massachusetts, a court may award costs and expenses, including reasonable attorney’s fees, to be paid by another party or from the trust. You should request an award of your attorney’s fees in your petition if the facts of your case support it. Courts will often consider the good faith of the parties and the outcome of the case when deciding whether to award fees.
Appealing a Trustee Removal Decision
A probate court’s decision to remove, or not remove, a trustee is a discretionary one. On appeal, the decision will be reviewed to see if the judge made a clear error of judgment in weighing the factors relevant to the decision. This is a high standard, which is why it is so important to build a strong and comprehensive record at the initial hearing. The appeals court will review the existing record for errors of law; it will not be a new trial.
Need Assistance with a Trustee Removal Petition?
For three generations, Casey Lundregan Burns, P.C., has stood up for beneficiaries, fiduciaries, and families across Massachusetts. We focus on practical fixes, steady communication, and a game plan that fits the trust’s purpose. If you want a careful review of your facts and options, reach out and let us take a look.
Call us at 978-878-3519 or use our website to request a consultation. We welcome your questions, and we aim to respond quickly.
The information in this post is not intended as legal advice or as a substitute for the particularized advice of counsel. For more information, please consult an attorney.