Petition for Removal of Trustee Dismissed

The Superior Court has affirmed the dismissal of a petition to remove a corporate trustee, finding that the allegations of the petition were not grounds for removal under 20 Pa.C.S. § 7766(b). Specifically, neither changes in staffing by the trustee, nor beginning to require beneficiaries to supply financial information to request discretionary distributions. nor incurring more than $30,000 in legal fees of outside counsel who wrote a “condescending an inappropriate letter” were a “serious breach of trust,’ under § 7766(b)(1), two disagreements between the individual and corporate trustees were not a “lack of cooperation” under § 7766(b)(2), the failure to make regular distributions of income was not a failure to “effectively administer the trust” under § 7766(b)(3) when the trust provided for discretionary distributions, and the staffing changes were not a substantial “change of circumstances” under § 7766(b)(4). In re: Amended and Restated Deed of Trust of Margaret M. Holdship, 288 A.3d 919, 2023 PA Super 11 (1/19/2023), aff’g, 1 Fid.Rep.4th 59 (Allegheny O.C. 2022).

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