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Oregon Revised Statutes Protective Proceedings; Powers of Attorney; Trusts § 130.625

Current as of January 01, 2023 | Updated by Findlaw Staff

(1) The settlor, a cotrustee or a beneficiary may request that a court remove a trustee, or a trustee may be removed by a court on its own motion.

(2) A court may remove a trustee if the court finds:

(a) The trustee has committed a serious breach of trust;

(b) Lack of cooperation among cotrustees substantially impairs the administration of the trust;

(c) Removal of the trustee best serves the interests of the beneficiaries because the trustee is unfit or unwilling, or has persistently failed to administer the trust effectively; or

(d) Removal of the trustee best serves the interests of all of the beneficiaries and:

(A) There has been a substantial change of circumstances or removal has been requested by all of the qualified beneficiaries;

(B) A suitable cotrustee or successor trustee is available; and

(C) The trustee fails to establish by clear and convincing evidence that removal is inconsistent with a material purpose of the trust.

(3) 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 such appropriate relief under ORS 130.800 (2) as may be necessary to protect the trust property or the interests of the beneficiaries.

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Cite this article: FindLaw.com - Oregon Revised Statutes Protective Proceedings; Powers of Attorney; Trusts § 130.625 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-13-protective-proceedings-powers-of-attorney-trusts/or-rev-st-sect-130-625/

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