Topic
Trustee Removal
41 published works
New York Probate and Estate Administration Lawyer Blog
Trustee Cannot Be Removed Based Solely on Disagreements Over Trust Administration: Matter of Damiano, 2026 NY Slip Op 00297
A trustee is responsible for managing trust property, making distributions to beneficiaries when appropriate, and carrying out the wishes of the person who created the trust. Although beneficiaries may disagree…
The Fiduciary Litigator
Court Granted Mandamus Relief To Require A Plaintiff To Answer Discovery In A Trustee Removal Dispute
In In re Gruss, Shawn Gruss was appointed trustee of the Gallagher Family Trust in 2016. No. 14-25-00098-CV, 2025 Tex. App. LEXIS 6596 (Tex. App.—Houston [14th Dist.] August 25, 2025,…
The Fiduciary Litigator
Court Reversed Judgment Against A Trustee Due To Jury Instruction Errors And Also Held That A Party Is Not Entitled To A Jury Trial In Trustee Removal Actions
In White v. White, an income beneficiary of a trust was retained to manage ranch property. 704 S.W.3d 250 (Tex. App.—El Paso 2024, no pet.). He later became trustee of…
The Fiduciary Litigator
Court Affirmed An Order Removing A Trustee
In Richey v. Brouse, the settlor created a special needs trust for her son, who had a mental disability and a seizure disorder that required day-to-day care. No. 03-23-00544-CV, 2024…
Berk Law Group Blog
Arizona Trustee Removal: Lessons from Jimmy Buffett’s Case
By Kent Berk
Jimmy Buffet Trust – Background The estate of the late singer Jimmy Buffett (died 2023) has erupted into a high-profile trust dispute. Buffett’s widow, Jane Buffett, is clashing with co-trustee…
The Fiduciary Litigator
Recorded Webinar: Trustee Removal in Texas
By Winstead
David F. Johnson, lead writer for the Fiduciary Litigator blog, addresses the challenges of navigating the complexities of trustee removal in Texas. This presentation explored the legal issues involved in…
The Fiduciary Litigator
Court Granted Motion To Abate A Suit To Remove A Trustee In District Court Because A First Filed Suit In A County Court At Law Had Primary Jurisdiction
In In re Kelly, a former executor and the trustee of a testamentary trust initiated a probate proceeding in a county court at law. No. 11-24-00066-CV, 2024 Tex. App. LEXIS…
Future Focused
Ep. 12 – Trustee Troubles: A Beneficiary’s Guide to Trustee Removal
By Michael T. Clear, Erin D. Nicholls
Trustees behaving badly? In this episode of “Future Focused,” Partners Erin Nicholls and Michael Clear discuss trusts and mechanisms available for a trust beneficiary to remove a trustee. From understanding the roles of trustees…
Aging Parents Blog
Know The Cost Of Removing A Stubborn Aging Parent As Trustee
There are plenty of aging parents out there making life difficult for their adult children, as we see from our experience working with elders’ families at AgingParents.com. A common problem…
Nonprofit Law Prof Blog
Minnesota Appeals Court Upholds Removal of Otto Bremer Trust Trustee
In this space we have previously reported on first the Minnesota Attorney General seeking to replace the trustees of the Otto Bremer Trust, and then on the decision by a…