14-10706. Removal of trustee
A. The settlor, a cotrustee or a beneficiary may request the court to remove a
trustee or a trustee may be removed by the court on its own initiative.
B. The court may remove a trustee if:
1. The trustee has committed a material breach of trust.
2. Lack of cooperation among cotrustees substantially impairs the administration of
the trust.
3. Because of unfitness, unwillingness or persistent failure of the trustee to
administer the trust for the benefit of the beneficiaries, the court determines that
removal of the trustee best serves the interests of the beneficiaries.
4. There has been a substantial change of circumstances or removal is requested by
all of the qualified beneficiaries, the court finds that removal of the trustee best
serves the interests of all of the beneficiaries and is not inconsistent with a material
purpose of the trust and a suitable cotrustee or successor trustee is available.
C. Pending a final decision on a request to remove a trustee, or in lieu of or in
addition to removing a trustee, the court may order appropriate relief under section
14-11001, subsection B as may be necessary to protect the trust property or the interests
of the beneficiaries.
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