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Interim Trustee Relief

Pending an ultimate request to a remove a trustee, the Court may order interim relief, if warranted (and usually only at the request of a party). Specifically, pursuant to Section 456.10-1001, RSMo, the Court can enter one or more of the following remedies to take effect during the pendency of a case:

(1) An order compelling the trustee (s) to perform the trustee duties;

(2) Enjoining the trustee(s) from committing a breach of trust;

(3) Compel the trustee(s) to redress a breach of trust by paying money, restoring property, or other means;

(4) Order a trustee accounting;

(5) Appoint a special fiduciary to take possession of the trust property and administer the trust;

(6) Suspend the trustee;

(7) Remove the trustee;

(8) Reduce/deny compensation to the trustee;

(9) Impose a lien or a constructive trust on trust property, or trace property wrongfully disposed of and recover the property or its proceeds; or

(10) Order any other appropriate relief.

Obviously, the Court has very broad discretion in ordering intermediate relief, particularly because of the “any other appropriate relief” language. From a practical perspective, therefore, it is paramount to decide whether it is appropriate to seek intermediate relief.┬áIt presents an opportunity to obtain quick results; it also presents an opportunity for the Judge to become substantively familiar with the case, especially the witnesses and evidence.

Contact with questions germane to trusts, trustees, beneficiaries or estates.