Chuck Rubin, on his blog, Rubin on Tax, reports on Wallace v. Comprehensive Personal Care Services, Inc., 45 Fla.L.Weekly D1318a, 3rd DCA (June 3, 2020), which addresses whether a court retains the ability to remove a trustee regardless of the trust terms. His post begins as follows:
An irrevocable trust included provisions for the removal of a trustee by reason of the trustee’s disability. A beneficiary brought an action to remove the trustee, but not based on the specific definition and removal provisions of the trust. Could the beneficiary use Trust Code provisions to remove the trustee when the trust instrument had different provisions? In a recent case, the trial court held that the terms of the trust required that removal could be based only on the terms of the trust.
To see full post, click: RUBIN ON TAX
Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal.