Trustees often fail to distribute assets.  It is not unusual, in fact, for some Trusts to exist for decades before a beneficiary decides to enforce their rights to the distribution of Trust assets.  These situations typically arise when the Trustee or other Trust beneficiary reside in the real property belonging to the Trust.  In these circumstances, a beneficiary often needs to seek court intervention to either remove the Trustee or compel the Trustee to complete the administration.  When there are long delays between the death of the Trustor and the distribution of the assets, there are numerous unique considerations.  This includes reviewing the law that was in effect at the time of the Testator’s death, property tax implications, and capital gains taxes to the Trust and/or the beneficiaries of the Trust. 

Klinedinst’s Probate and Trust attorneys can assist beneficiaries and Trustees to navigate these situations in and out of court, including assisting with complex transactions involving real property, businesses, or other assets of the Trust.

Trustee Removal

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