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. It 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.
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