Trustees bear a significant role in managing the assets of trusts. Unfortunately, some trustees fail to handle their duties properly, putting trust assets and beneficiary interests at risk.
Pennsylvania courts recognize that problem trustees can cause serious harm to trusts and the people who depend on them. Anyone affected by trustee misconduct needs to understand their options for protecting the trust.
How state law protects trust interests
Pennsylvania gives co-trustees and beneficiaries the power to challenge trustees who mismanage trusts or abuse their position. Courts take these concerns seriously when presented with strong evidence. Some examples include:
- Bad investments: A pattern of poor financial choices that reduce trust value
- Missing funds: Unexplained withdrawals or personal use of trust money
- No transparency: Refusal to share financial records with co-trustees or beneficiaries
- Health problems: Physical or mental decline affecting trust management
Your concerns about trustee misconduct deserve prompt attention to prevent further damage.
Warning signs of problematic trustees
Watch for these common issues that often justify removing a trustee. Document each incident carefully, as courts require proof of ongoing problems rather than isolated mistakes:
- Missed deadlines: Regular failure to pay bills or file tax returns
- Hidden transactions: Making decisions without consulting co-trustees
- Hostile behavior: Refusing to cooperate with co-trustees or beneficiaries
- Personal gain: Using trust assets for their own benefit
- Legal troubles: Criminal charges or bankruptcy filings
Quick action helps protect trust assets from further harm. If you find yourself dealing with a problematic trustee, these key steps can help you build a strong case:
- Write down each problem as it happens
- Save emails and financial statements
- Talk with other trustees and beneficiaries
- Meet with a trust attorney
- Seek court help to remove the trustee in question
Each step moves you closer to protecting the trust’s assets and its grantor’s legacy.
Bad trustees rarely improve without court intervention. Speaking with an experienced estate planning attorney could give you the best chance to protect the trust and everyone who depends on it.
