At the Estate Planning and Elder Law Offices of Gerhard & Gerhard, P.C., we understand how important it is to ensure that a Special Needs Trust (SNT) is properly managed. If you are concerned about the actions of a trustee, or if all trustees have passed away or are no longer able or willing to serve, our firm can help you petition the court for relief. We serve clients in Montgomery County, Philadelphia County, and Bucks County, Pennsylvania.
When a Trustee Must Be Removed
If you believe that a trustee is mismanaging the trust, failing to act in the best interests of the beneficiary, or otherwise breaching their fiduciary duties, you may have grounds to petition the court for their removal. Common reasons for removal include:
- Misuse or misappropriation of trust funds
- Failure to provide proper accounting
- Failure to provide information to beneficiaries
- Conflict of interest or self-dealing
- Inability or unwillingness to perform trustee duties
- Loss of capacity or legal disqualification
How Gerhard & Gerhard, P.C. Can Help
Our attorneys can assist you in gathering the necessary documentation and filing a petition with the court in the appropriate county. We will represent your interests throughout the legal process and advocate for the appointment of a suitable replacement trustee who will act in the best interests of the beneficiary.
What Happens If All Trustees Are Unable to Serve
If all named trustees have died or are no longer willing or able to serve, the trust may be left without a legal representative. In such cases, our firm can work with you to petition the court to appoint a successor trustee. This ensures that the trust continues to operate and that the beneficiary’s needs are met without interruption. We can also help identify and nominate a qualified individual or trust company to take over management of the trust.
Trustee Problems? Contact Us.
If you have a trustee problem, contact our office to see how we can help. Click here to contact us and schedule a consultation today. Let’s protect what matters most.