The residual fiduciary duties of a removed trustee

Charles E. Rounds, Jr.
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Unless a co-trustee remains in office or the court otherwise orders, an innocent trustee who has been removed retains the duties of a trustee and the powers necessary to administer and protect the trust property until such time as the trust property is delivered to a successor trustee or other person entitled to it. See generally §7.2.3.6 of Loring and Rounds: A Trustee’s Handbook (2020). The innocent removed trustee is entitled to be compensated for administering and protecting the trust property pending transfer of title to and control of the trust property. See, e.g., Susan R. Waldron v. Susan R. Winking Trust, No. 12-18-00026-CV, 2019 Tex. App. LEXIS 5867 (Tex. App.—Tyler July 10, 2019, no pet. history). The beneficiary who is granted under the terms of the trust the power to remove the trustee without cause is taken up generally in §5.4.1.6 of the Handbook. The section is reproduced in its entirety in the Appendix below.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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