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WealthCounsel Quarterly recently featured an in‑depth article by Michael T. Clear and Erin D. Nicholls, offering practical guidance for professionals navigating one of the most sensitive areas of trust administration: trustee removal.

The article explains why trustee removal is often complex, highly fact‑specific, and deeply consequential for families, fiduciaries, and advisors. Michael and Erin outline the full spectrum of options available when a trustee becomes ineffective, conflicted, or unresponsive, starting with the least adversarial approaches and progressing to litigation when necessary.

Key themes from the feature include:

• Start with resignation. A voluntary resignation is often the most efficient path and can minimize conflict and cost. Documenting the request is critical if litigation follows.
• Follow the trust instrument. Many modern trusts include specific removal powers, outlining who may remove a trustee, under what circumstances, and how successor trustees are appointed. Understanding those provisions is essential before turning to court.
• Rely on state law when necessary. When a trust document lacks removal terms, state statutes govern. Common grounds include breach of trust, lack of cooperation among co‑trustees, or persistent failure to administer the trust. Some jurisdictions also allow “no‑fault” removal if doing so supports the trust’s purposes.
• Evaluate strategy, timing, and cost. Removal actions can be lengthy and expensive, with fees often drawn from the trust itself. Clear communication and negotiated resolutions can help avoid unnecessary litigation.
• Litigation as a last resort. Court‑based removal involves procedural considerations, the burden of proof, and the possibility of intermediate remedies such as limiting a trustee’s powers or appointing a co‑

The article emphasizes that trustee removal should balance flexibility, stability, tax efficiency, and asset protection. Thoughtful planning, precise drafting, and early communication can help ensure that removal, while sometimes necessary, remains a carefully considered last step.

Read the full WealthCounsel feature below to explore the complete guidance from Michael Clear and Erin Nicholls.