attorney@kssattorney.com
248-676-1000

Do You Think the Trustee Is Doing a Bad Job? Here’s What You Can Do as an Interested Party

When someone passes away and leaves a trust, the trustee is legally responsible for managing and distributing the trust assets according to its terms. What happens if the trustee isn’t doing their job — or worse, seems to be acting unfairly or irresponsibly?

If you’re a beneficiary or interested party, you have rights. And if the trustee is mismanaging assets, delaying distributions, or showing favoritism, you don’t have to stay silent.


What Is a Trustee’s Legal Duty?

Trustees are legally bound by what’s called a fiduciary duty — a strict obligation to act in the best interest of the beneficiaries. This includes duties to:

  • Be loyal and impartial

  • Manage trust assets prudently

  • Keep accurate records

  • Communicate openly with beneficiaries

  • Follow the terms of the trust

When a trustee fails to meet these obligations, they can be held personally liable for any resulting damages.


Warning Signs of a Problematic Trustee

If you suspect a trustee is mismanaging the trust, look for these red flags:

  • Lack of communication or failure to provide updates
  • Unexplained delays in distributing assets
  • Missing or incomplete financial records
  • Self-dealing or favoring one beneficiary over others
  • Selling assets below market value
  • Refusing to answer questions about trust activity

If you’re seeing any of these warning signs, you may need to take action to protect your rights and the value of the trust.

For more on this topic, check out this helpful guide on what to do about a misbehaving trustee from Legacy Assurance Plan.


What Can You Do as a Beneficiary or Interested Party?

If you believe the trustee is failing their duties, here are your options:

1. Request a Formal Accounting

You have the right to see detailed records of how the trust assets are being managed and distributed. A formal accounting should include income, expenses, distributions, and current asset values.

2. Send a Written Complaint

Sometimes, a written demand letter from a trust attorney is enough to get a trustee back on track. It shows you’re serious and may prevent the need for litigation.

3. Mediation or Negotiation

If communication has broken down, a neutral third party can help resolve disputes without going to court.

4. File a Petition in Probate Court

When all else fails, you can petition the court to:

  • Compel an accounting

  • Suspend or remove the trustee

  • Appoint a replacement trustee

  • Recover damages for mismanagement


Do You Need an Attorney?

Yes — especially if:

  • You suspect fraud, theft, or embezzlement

  • The trustee refuses to provide financial records

  • There are multiple beneficiaries in disagreement

  • You want to petition for removal or damages

A qualified trust litigation attorney can help you understand your rights, gather evidence, and take legal action when needed.


We’re Here to Protect Your Interests

At Kathryn Wayne-Spindler & Associates, we represent beneficiaries and interested parties across Michigan and Alabama. If you believe a trustee is acting in bad faith — or simply failing to do their job — we can help you hold them accountable and protect what’s rightfully yours.