Trust administration doesn’t always go the way you’d expect. Sometimes a trustee makes decisions that just don’t sit right with you. Maybe distributions seem unfair. Maybe you can’t get a straight answer about where the money’s going. Whatever the situation, you’re probably wondering if there’s anything you can actually do about it. There is, but it depends on the circumstances. Missouri law gives trustees a lot of room to make judgment calls about how they manage trust assets. That said, their authority has limits. When a trustee crosses those lines, beneficiaries absolutely have the right to push back.
What A Trustee Owes You
Every trustee in Missouri carries specific legal obligations to the people they serve. We call these fiduciary duties, and they’re not optional, they’re the law. So what does that actually look like in practice? A trustee must:
- Act in good faith and follow what the trust document says
- Use the same care a reasonable person would in similar circumstances
- Put your interests ahead of their own
- Treat all beneficiaries fairly when multiple people stand to inherit
Sounds straightforward, right? In theory, it is, but trustees don’t always live up to these standards. When they fall short, you may have grounds to take action. A Missouri trust administration lawyer can look at what’s happening and tell you whether you’ve got a real case or just a frustrating situation.
When You Actually Have Grounds To Challenge
Let’s be clear about something. You can’t take a trustee to court simply because you disagree with them. Courts won’t intervene just because you would’ve done things differently. They give trustees room to exercise judgment, but certain conduct is a different story entirely.
Self-Dealing Problems
Trustees can’t use their position to benefit themselves. Period. If you discover that a trustee bought trust property for themselves at a bargain price, loaned trust money to their relatives, or funneled business to companies they own, you’re looking at potential self-dealing. This is serious stuff. The Missouri Uniform Trust Code spells out what trustees can and can’t do. You can read the actual statute on the Missouri General Assembly’s website if you want the specifics.
Poor Asset Management
Bad investments happen, but there’s a difference between a market downturn and genuine mismanagement. If a trustee fails to diversify the portfolio, lets property fall into disrepair, or makes reckless financial decisions, that’s not just bad luck. It might be a breach of their duty to act prudently.
Keeping You In The Dark
You have a right to information about the trust. When a trustee refuses to provide accountings, dodges your questions, or won’t tell you about major decisions affecting your inheritance, that’s a problem. Transparency isn’t a courtesy. It’s a legal requirement.
How You Challenge A Trustee
If you believe a trustee has breached their duties, you can petition the probate court for help. Courts have real power here. They can remove a trustee, order a full accounting, award damages, or limit what the trustee can do going forward. Litigation isn’t always the first step. Sometimes a strongly worded letter from an attorney gets a trustee’s attention and changes their behavior. It’s worth trying an informal resolution before diving into a court battle that could drag on for months.
What Judges Look For
When a case does go to court, judges consider several things. They’ll examine the trust document closely. They’ll look at the trustee’s overall pattern of conduct. They’ll ask whether the trustee acted in good faith, even if they made mistakes. They’ll weigh how much discretion the trust itself grants the trustee. Some trusts give trustees enormous latitude. Others are more restrictive. One thing judges won’t do? Remove a trustee just because the family doesn’t like them. You need to show real misconduct or incompetence. Personality conflicts and hurt feelings aren’t enough.
Don’t Wait Too Long
If something feels wrong, start paying attention now. Missouri has statutes of limitation on these claims, and waiting too long can mean losing your ability to act altogether. Document everything. Save emails and letters. Keep notes on conversations. Building a record early makes all the difference if you eventually need to pursue legal action. A Missouri trust administration lawyer can review the facts and help you understand what you’re dealing with before things escalate further.
Taking The Next Step
Challenging a trustee isn’t a decision anyone makes lightly. It involves court proceedings, legal fees, and family relationships that may already be strained. Nobody wants to go down that road unless they have to. Legacy Law Center works with Missouri beneficiaries who have real concerns about how a trust is being handled. If you’re dealing with a situation that doesn’t feel right, reach out and let’s talk through your options together.
