Legal Articles

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…

Special Fiduciary, Trust Litigation, Breach of Trust

In breach of trust litigation, the plaintiff can request a variety of remedies against the trustee. The remedies include, among other things, damages, removal and/or suspension. In more contentious situations, a probate court does have the authority to appoint a “special fiduciary” to administer the trust, in whole or in part, while the suit is…

Trustee Vacancies

A vacancy in trusteeship occurs when a trustee declines the trusteeship, the trustee cannot be located, resigns, dies, is disqualified/removed, or is found to be legally incapacitated. Under Missouri law, when there is a vacancy in a trusteeship it must be filled in the following order of priority:  (1) By a person designated in or…

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