Interim Trustee Powers Pending Delivery of Trust Property

When a trustee has resigned or been removed as trustee, the trustee still may possess continuing or interim authority as trustee. Specifically — unless there are cotrustees — and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has been removed or resigned has “the duties of a trustee and the powers necessary to protect the trust property.” Section 456.7-707, RSMo. The law is silent on when such transition shall occur, stating that it only needs to be “expeditious.”

Furthermore, particularly in the case of a removed trustee for cause, the court has the power to make other arrangements (eg, appointing a special fiduciary, imposition of a deadline, etc.) to address any transitional or interim period.

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