Trustee

Question 1

TRUSTEE

Answer 1

Once established, a trust will not fail because the trustee dies, refuses to accept appointment, or resigns. The court will appoint a successor trustee unless it is clear that the settlor intended the trust
to continue only so long as a particular trustee served.

Question 2

Acceptance of Trusteeship

Answer 2

A person accepts a trusteeship by: (1) signing the trust or a separate written acceptance; (2) substantially complying with the acceptance terms in the trust instrument; or (3) accepting delivery of trust
property, exercising powers or performing duties as trustee, or indicating acceptance

Question 3

Removal of Trustee

Answer 3

A court can remove a trustee on its own motion or upon request by the settlor, a beneficiary, or a co-trustee. Grounds for removal include: (1) a serious breach of trust; (2) serious lack of cooperation
among co-trustees; (3) unfitness, unwillingness, or persistent failure to administer; or (4) a substantial change in circumstances.