Legal Question in Wills and Trusts in California
Does the successor trustee have the power to remove the sole trustee? Thank you
2 Answers from Attorneys
No trustee has power to remove another trustee. If the trust is revocable, the settlor can change any trustee, and the settlor may be a trustee but the power to change or remove a trustee comes from being the settlor, not from being a trustee. If there is good cause, however, any trustee on behalf of the trust can ask a court to remove another trustee, but again that is not a power of the trustee; it is a power of the court.
I think you posted earlier, and your question is confusing. The sole trustee means only one trustee, as opposed to a situation where there are more than one trustee which are called co-trustees. A trust often provides for a successor trustee, if the acting trustee resigns or is incapacitated to act. Once the successor trustee becomes trustee, the successor trustee is the sole trustee.
A trustee can be removed by court petition, filed by the beneficiaries or a beneficiary, who must show that the trustee is not carrying out the trust, or engaged in mismanagement or self dealing.