Trustees and executors are important representatives of estate planning documents. It’s helpful to familiarize yourself with the processes and reasons involved with potentially removing a trustee or executor in Louisiana. Whether you are in one of these fiduciary roles, the settlor of a trust, or a beneficiary, a qualified lawyer can guide you through estate law disputes and litigation issues.
Understanding Louisiana Estate Planning Laws
One American survey found that 46 percent of respondents had a will. This means that over half of American adults do not have a will. These individuals are unlikely to have elements of an estate plan, like trusts.
Estate planning can be an important process for many individuals. It can allow you to have a say in the handling of your assets and investments and to leave clear instructions for your loved ones after your death. This can also help your loved ones by providing a set of clear instructions during the disorienting time following your death.
As the creator of an estate plan, a critical component is having the ability to appoint an executor or trustee. A trustee is a fiduciary responsible for managing, investing, and distributing assets held in a trust. Their duty is to act solely in the interests of the trust’s beneficiaries.
Similarly, an executor is a fiduciary appointed in a will who manages the deceased’s estate, including settling debts and distributing assets to beneficiaries. Executors are also known as succession representatives.
When Removing an Executor or Trustee Is Necessary
Sometimes, an executor or trustee fails in their duties as the estate’s representative. If this occurs, it is possible to begin the legal process to remove and replace the appointed individual. The petition to remove a successor representative or trustee is typically initiated by a beneficiary, co-trustee, or settlor, the creator of a trust.
Typically, for an executor to be removed from their position, the state court must find sufficient reason for removal. Valid reasons for removing a succession representative include a breach of fiduciary duty, mismanagement, or other misconduct.
For a trustee to be removed, the probate court must find that doing so would be in the interests of the beneficiaries, or that a qualified successor has agreed to serve. Some trusts also include specific removal procedures, stipulations, or restrictions.
Whether you are a beneficiary or heir seeking to remove an executor or trustee, or you are an estate representative in the dispute, it’s worth consulting an experienced estate planning lawyer who can represent you and help you achieve your goals.
Why You Should Hire an Estate Planning Lawyer
There are several reasons why you should hire an estate planning lawyer when dealing with the potential removal of a trustee or executor. An experienced Louisiana estate planning attorney can help during petitions for removal by investigating any breaches of duty, gathering supporting evidence, and representing you during legal proceedings or meetings.
The professionals at Hymel Davis & Petersen, an experienced litigation law firm based in Baton Rouge, have extensive experience representing clients throughout the state and the country. With over 100 years of combined legal experience, our lawyers are well-equipped to help you address your needs.
Where an estate planning case may be processed can vary. For example, disputes involving the removal of a trustee or executor in Baton Rouge are most likely to be processed by the 19th Judicial District Court for East Baton Rouge Parish. This legal venue is located at 300 North Boulevard, Baton Rouge, LA 70801.
FAQs
How Are Trustees or Executors Appointed in LA?
In Louisiana, trustees and executors are typically appointed by the person who created the estate planning document. A settlor, who makes a trust, can officially designate a person or multiple parties to be trustees within the legal agreement.
It’s also possible for the settlor to be a trustee and to name alternate or successor trustees. Executors are named within a will, but the court must approve the appointment during succession for them to have legal authority.
How Difficult Is It to Remove a Trustee in LA?
In the state of Louisiana, the difficulty level of removing a trustee can range from simple to difficult, depending on the specific situation. Influencing factors include whether the trust document outlines removal procedures and what evidence of cause for removal is available. To understand how difficult it may be to remove a trustee under your unique circumstances, it’s recommended that you consult an experienced estate law dispute attorney.
Does an Executor Have More Power Than a Beneficiary?
Yes, executors in Louisiana have more active, legal power compared to a beneficiary of the estate. Succession representatives have more power than beneficiaries during the probate process, as they are responsible for managing the distribution of assets according to the will. However, this fiduciary duty must be honored, and if it is in the interests of the estate, beneficiaries, or other parties may petition to remove an executor.
What Are Common Reasons Executors Are Removed?
Some common reasons that an executor may be removed include:
- Breach of fiduciary duty, such as prioritizing personal gain over managing the estate in the best interest of the heirs
- Mismanagement or misuse of assets, including theft, fraud, underselling assets, or wasting estate property
- Failure to perform duties, such as neglecting debts or failing to file documents promptly
- Hostility or non-cooperation between beneficiaries or other executors
How Long Does It Take to Remove a Trustee or Executor?
How long it takes to remove an executor or trustee in the state of Louisiana varies significantly because each case is unique. Removing a fiduciary representative requires time to prove sufficient cause. Instances in which a trustee or executor steps down or is disqualified tend to take less time than highly contested cases.
Speak with an Estate Law Attorney
When you take your estate law dispute to Hymel Davis & Petersen, you can feel confident in your legal counsel and representation. Reach out to our team today to schedule a consultation to discuss trustee or executor removal with a skilled attorney.
