What is needed to remove a trustee who is not doing his duty with the estate?
Full Question:
Answer:
Beneficiaries of the trust have a legally enforceable right to insist that the terms of the trust be adhered to. Actions involving the enforcement of trusts or liability of trustees are generally based in equity. A trust beneficiary may bring an action for damages against a trustee or a third person.
>Generally, there are two types of remedies available to a beneficiary who seeks to recover trust property from a trustee. The beneficiary may elect to either establish liability for breach of trust and obtain a judgment against the individual trustee, or to recover the trust property. The beneficiary of a trust can maintain a suit to compel the trustee to perform its duty; to enjoin the trustee from committing a breach of trust; to compel the trustee to remedy a breach of trust; to appoint a receiver to take possession of the trust and administer the trust; or to remove the trustee.