Removal of Trustees, Executors and Agents Under POA

Just being upset with the Trustee, Executor or Agent is not enough. You must provide the judge with a basis for removal. The court can remove The Trustee a fiduciary, such as an Executor, or an Agent under POA when the court believes that the individual in power has taken action counter to the beneficiary’s best interest breaching their fiduciary duty.

Convincing a Judge to Remove a Trustee, Executor or Agent

The judge can remove a Trustee, Executor or Agent only if they hear the proper and convincing evidence. As a petitioner, you must provide the judge evidence in the form of documents and testimony. Gathering this evidence requires depositions, expert witnesses such as accountants, interrogatories, witness interviews, subpoenaed documents and evidence presented following the Rules of Evidence and subject to the Trustee, Executor or Agent’s objections. Our experienced Will and Estate Litigation Attorney will walk you through every step of this complicated journey.

Our Experience Saves You Money

Judges take the removal of a Trustee, an Executor or an Agent under Power of Attorney seriously, and will only accept evidence if your team has followed proper procedures. Further, Trustees, Executors and Agents are free to use Estate funds to defend themselves. If not countered by an experienced attorney, the fiduciary can use procedural steps to draw out the process and increase costs. An experienced Attorney can assess the situation and help avoid pitfalls and save you money.

Reasons to Remove a Trustee, Executor or Agent

Every case is different, but here are some common reasons for Agent Removal.

How to Remove a Trustee, Executor or Agent

If an interested party (usually a beneficiary) believes that a Trustee, Executor or Agent has committed acts requiring removal they can hire a Will and Estate Litigation Attorney to petition for that fiduciary’s removal. Often this process is accompanied by a petition for Guardianship. Further, if the Trustee, Executor or Agent’s wrongful act has damaged the Estate, the Attorney can also Petition to force the Trustee, Executor or Agent to file a Formal Account. In this process, the Wills and Estate Litigation Lawyer can obtain an order allowing discovery. This allows the lawyer to depose the fiduciary, subpoena evidence, obtain records and interview witnesses.

If the Trustee, Executor or Agent’s behavior remains unaltered and damage remains uncorrected to the interested person’s satisfaction, the judge will hold a hearing. At this hearing, A lawyer will present the evidence gathered, using the court’s Rules of Evidence and Procedure. If after hearing all the evidence the judge finds that grounds exist for removal, the judge can order the fiduciary’s removal and surcharge the fiduciary for damages.

Experienced, With Reasonable Prices, We Will Fight For You

If you need to remove a Trustee, an Executor or an Agent our experienced Will and Estate Litigation Attorney will make it easy for you to understand and provide top notch representation so you can make the best decisions for yourself and your family. Contact us for a free consultation!