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

Scroll to Top