What is a trustee removal clause?
A trustee removal clause is a type of agreement found in some wills in California that allows for a beneficiary to remove a trust’s trustee with or without cause. This clause is added to the will by the person creating the trust and serves to protect the beneficiaries from trustees who do not act in their best interests. The trustee removal clause is drafted and enforced in accordance with state law, which typically allows the beneficiaries to remove an individual trustee by a majority vote, or a corporate trustee by a unanimous vote. The clause also outlines the requirements and the process that must be followed in order for the trustee to be removed. This is generally done either by a vote of the beneficiaries or a court order. Under California law, the removal clause is in place to protect a trustee’s fiduciary duty to the beneficiaries. This is a legal and moral duty that requires the trustee to act in the best interests of the beneficiaries, and makes the trustee accountable for any and all trust fund decisions. The trustee removal clause ensures that a trust’s beneficiaries retain their power to change trustees if they believe the trust is not being managed properly. This helps to ensure that the trust remains in control of the beneficiaries and that their legal and financial interests are protected.
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