Removing a Bad Trustee in an Ohio Trust Dispute

Signs of Trustee Misconduct You Shouldn’t Ignore

Given our decades of experience working with families in Northwest Ohio, we know that when a trust dispute arises, it doesn’t just involve money; it involves people you care about, plans you’ve made, and the future you’ve worked hard to protect. For many families, especially those with significant assets, a trust is more than a legal tool. It’s a reflection of your values, your goals, and your legacy.

That’s why it’s so upsetting when something goes wrong.

Even the most carefully written trust is only as reliable as the person chosen to manage it. When a trustee fails to act with honesty, skill, or accountability, the damage can be immediate and long-lasting. It’s not just the assets that are at risk. It’s the peace of mind, the relationships, and the purpose behind the trust itself.

We’ve seen firsthand how painful it can be when trustees abuse their position or fail to follow through. Sometimes, the warning signs are obvious: misused funds, withheld distributions, or reckless decisions. Other times, it’s the silence that speaks loudest: missed deadlines, unanswered emails, or a total lack of transparency.

No matter its form, a trustee’s failure to live up to their responsibilities must be taken seriously. And when that trust is broken, we’re here to help you put things right.

Our legal team guides families across Ohio through these difficult situations with a steady hand and a clear plan. You don’t have to face it alone, and you don’t have to let one person jeopardize what generations have built.

Ohio Law on Trustee Removal

In Ohio, you can’t remove a trustee just because you don’t get along. Personality conflicts or minor disagreements usually aren’t enough. But when a trustee’s behavior crosses the line into mismanagement or misconduct, the law gives beneficiaries the power to act.

Under Ohio Revised Code § 5807.06, the probate court has the authority to remove a trustee under specific circumstances, including:

• Serious breach of trust, such as misuse of funds or self-dealing
• Persistent failure to administer the trust, including neglecting basic duties
• Lack of cooperation among co-trustees disrupts trust administration
• Unfitness or unwillingness to serve, whether due to incompetence, incapacity, or refusal to act

In other words, if the trustee is jeopardizing the trust’s purpose or violating their legal duties, the court can and often will step in. And so can you.

Our mission is to protect your interests, preserve the estate, and confirm that the trust serves its intended purpose. In high-value trusts, where investments, real estate, and business interests are involved, the consequences of trustee misconduct are magnified.

We’ve helped clients remove trustees for a wide range of reasons. Some cases involve clear mismanagement, such as failing to file taxes, ignoring investment guidelines, or selling trust property far below market value to benefit a family member. Others involve poor communication or inaction: trustees who delay distributions, fail to provide required accountings, or disappear altogether when questions are asked.

If you’ve experienced any of the following red flags, it may be time to get legal advice:

1. Unexplained losses or questionable financial transactions
2. Delayed or missing trust distributions
3. Long periods without updates or responses
4. Accounting records that are incomplete or missing altogether
5. Decisions that benefit the trustee more than the beneficiaries

The Court Petition Process

Removing a trustee in Ohio starts with filing a petition in probate court. The petition must clearly explain why removal is necessary and include evidence, not just suspicions or personal grievances.

Once filed, all parties involved, trustees, co-trustees, and beneficiaries, must be notified. The court will then schedule a hearing at which both sides can present documents, testimony, and expert analysis if needed.

The person seeking removal carries the burden of proof. We help our clients build strong, fact-based cases by reviewing trust records, identifying breaches, and working with financial professionals when appropriate.

If the court agrees, the trustee should be removed, a successor appointed, and the former trustee must turn over all assets, records, and a final accounting. This serious process protects the trust and everyone it was meant to serve.

High-Stakes Require High-Caliber Counsel

Trust disputes are rarely simple. They often involve complex finances, strained family relationships, and high emotional stakes. Even a mistake or a dishonest trustee can have serious long-term consequences when large estates are involved.

To make matters more difficult, trustees accused of wrongdoing often fight back hard. They may even use trust funds to cover their legal defense, putting beneficiaries at a disadvantage.

That’s why high-value trust disputes require experienced, focused legal counsel. At Heban, Murphree & Lewandowski, LLC, we bring over 150 years of combined experience in Ohio probate litigation to every case. We provide:

• Careful evaluation of your case, including legal grounds and supporting evidence
• Strategic planning to build a strong, well-documented petition
• Coordination with financial experts to assess losses or improper actions
• Clear, consistent communication to help you navigate emotionally difficult situations
• Skilled courtroom representation backed by deep knowledge of Ohio trust law

Don’t Wait for the Damage to Grow

In our experience, most trust disputes worsen with time. Whether mismanagement, neglect, or self-dealing, trustee misconduct can quickly snowball into serious losses for beneficiaries. Taking early legal action increases your chances of a favorable outcome and preserves trust assets and family relationships before they unravel completely.

If you believe a trustee is failing in their duty or acting against the interests of your family’s trust, you don’t have to face it alone.

Suppose you’re considering legal action to remove a trustee. In that case, our attorneys are ready to evaluate your situation, explain your rights, and guide you through every step of the legal process with confidence and clarity. Reach out now for a private consultation!