Common Questions About Trustee Removal

A Philadelphia common questions about trustee removal lawyer is the first person you should call when you are not clear on how your case will proceed through the court system. What follows are several of the most common questions presented to a common questions about trustee removal attorney in Philadelphia. A common questions about trustee removal lawyer in Philadelphia will assist you during your initial consultation and over the duration of your case to understand the most important components of bringing forward such a claim.

Any person in a position of power or control over a trust has a legal responsibility to act in a certain manner. It falls to those negatively affected by the wrong kinds of actions to come forward with a legal claim against that trustee. Removal can also impact a guardian or an estate executor, but all of these matters should only be handled by a dedicated lawyer.

A trustee removal case is also referred to as a replacement action. This is when a successor trustee has already been named in the initial trust and you wish to remove the initial trustee and replace him or her with the successor. If you can show that the initial trustee carried out a breach of fiduciary duty or has not fulfilled his or her obligations or duties, you can have a knowledgeable litigation lawyer file a removal petition.

Trust beneficiaries have ample legal rights to gather information and to challenge a trustee's actions when they believe that a breach of fiduciary duty or other unethical or legal activity has occurred. This includes asking for removal of the trustee. While every situation is unique and different, your initial consultation with an experienced attorney can help you reveal the circumstances and facts of your situation and the rights that you may have, especially when it comes to removing a trustee that you believe has broken the law.

The interested party will have to pay his or her attorney directly. However, if the removal action is successful, the judge may demand reimbursement from the estate's assets. The trustee is also eligible to hire an attorney and the trust will pay for this lawyer, but if the judge determines that the trustee must be removed for his or her actions, including evidence of a breach of fiduciary duty, then the judge might request that the trustee repay the amount given to the attorney.

The court that will hear the claim of trustee removal has unique rules and procedures. You must present your case clearly and effectively. And all of your evidence must be appropriately gathered and presented to the court, including depositions and reviews, and documents. If you miss a deadline, your case can be dismissed. You need someone who has years of experience in this process and who understands many of the common missteps that people experience when looking forward to your next steps and doing everything you can to protect your individual interests. You need an attorney on your side as soon as possible to enhance your understanding of your various legal responsibilities and rights. Don’t hesitate to contact an attorney who can speak to his or her track record of successfully having trustees removed from cases in which the trustee appeared to violate the trust of the beneficiaries or breached his or her fiduciary duty.