Wealth Planning Blog

Historically, Missouri trust law prevented beneficiaries of a trust from replacing a trustee absent a showing that the trustee had committed a breach of trust. This law tended to insulate investors administering trusts from competition. Even if beneficiaries were dissatisfied with a corporate trustee who obtained average returns and charged high fees, they could not replace the trustee without proving misconduct. However, Missouri’s trust law has expanded beneficiaries’ power to remove trustees, so Missouri corporate trustees may soon face a more competitive environment.

If you haven’t had the pleasure of administering someone’s trust estate yet, you are likely to either be involved in such an administration someday, or will have someone administering yours for you in the future. Many trusts being administered today, however, were drafted in the 80’s and 90’s and were never updated or revisited once they were put into place. This leaves children and grandchildren struggling to administer trust estates subject to terms that are either outdated or simply don’t make sense anymore for their families.