What is a trustee removal clause?
A trustee removal clause is a legal term found in wills and trusts that outlines conditions for the removal of the trustee or executor. In West Virginia, this clause typically will involve a formal hearing before a court of competent jurisdiction. The request for removal may be made by the beneficiaries of the will or trust, or by the trustee or executor themselves. Before a court will consider a petition to remove a trustee or executor, they must be shown there is a need to do so. Beneficiaries may cite malfeasance, misdirection, or misconduct as reasons to remove the trustee, or simply cite lack of trust. The executor of a will can also cite their own health issues or conflicts of interest. In the state of West Virginia, the court has the power to hear evidence, consider recommendations, and either approve or deny the removal of the trustee or executor. If approved, the court can also appoint a new trustee or executor to handle the estate. When a trustee removal clause is included in a will or trust, it gives the beneficiaries of the estate the option to petition the court for the removal of the trustee or executor if they feel their rights are being violated. This clause helps to ensure the wishes of the will or trust are carried out properly and in good faith.
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