Removing & Appointing a Trustee through Courts

Colorado Probate Attorneys

A trustee is the person responsible for managing the assets of a trust for the benefit of the beneficiary. The trustee has a fiduciary duty to manage the assets according to the trust. Generally, the settlor who created the trust names a trustee to manage the trust. However, if the trustee has not been named, a court may appoint a trustee. We at Jorgensen, Brownell & Pepin, P.C. can assist you with the removal or appointment of trustees.

Reasons for the Removal of a Trustee

A trustee may also be removed through the courts by a request from the settlor, a co-trustee, a beneficiary, or the trustee him or herself.

The court will likely remove a trustee if the following occurs:

  • The trustee committed a serious breach of trust
  • Lack of cooperation among co-trustees substantially impairs the administration of the trust
  • The court determines that removal of the trustee best serves the interests of the beneficiaries
  • There has been a substantial change of circumstances and the court finds that removal of the trustee best serves the interests of the all of the beneficiaries, and is not inconsistent with a material purpose of the trust.

To Protect Your Assets, Contact Jorgensen, Brownell & Pepin, P.C.

Our skilled Colorado probate lawyers can assist you in removing or appointing a trustee to protect and manage your assets. We have 30 years of experience and have successfully handled countless complex probate issues. Regardless of the complex aspects of your case, we are confident in our abilities to assist you. We will work strategically in order to resolve your probate matter in an effective and timely manner.

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