One of the concerns that seems to keep coming up is the notion that the testator (or in other words the person who has died) put in their will the name of a specific person to actually act as trustee and representative of the entire estate. However, after the testator has passed on the beneficiaries suddenly realize that that person is not capable of properly fulfilling their duties and responsibilities that were designated in the Last Will and Testament and as a result they want them removed. If the situation ever gets to this point the process is a bit more difficult but there does exist a way of going about it. The first thing that the beneficiaries need to do is to actually file with the probate court an action to remove the person. The action that is filed needs to have evidence to back up the claim that the person is not capable of performing the duties. So what is a way to actually prevent this? The answer to this question is careful planning in the Will to allow for such an event occurring. What needs to happen is essentially that the person who creates the Will needs to put in there the exact duties that the person needs to fulfill during their tenure as trustee. Further, there needs to be spelled out in the legal document the consequences and ways of actually removing a representative from their post due to a reasonable cause. If they are able to do this then the whole process will be much easier and you can avoid a great deal of court and legal costs. Otherwise, you will always run the risk that you will not be able to remove the individual unless you have dedicated yourself to quite a bit of legal cost and expense because of attorney fees.
