(A) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or the court may remove a trustee on its own initiative.
(B) The court may remove a trustee for any of the following reasons:
(1) The trustee has committed a serious breach of trust;
(2) Lack of cooperation among cotrustees substantially impairs the administration of the trust;
(3) Because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries.
(C) 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 any appropriate relief under division (B) of section 5810.01 of the Revised Code that is necessary to protect the trust property or the interests of the beneficiaries.
Notes of Decisions
Cited in 17
cases (7 in the last 5 years), 2012–2025 · leading case: Dueck v. Clifton Club Co., 2017-Ohio-7161, 95 N.E.3d 1032.
Dueck v. Clifton Club Co., 2017-Ohio-7161, 95 N.E.3d 1032. · cites it 10ד01 lists a range of remedies for breach of trust, appellants seek removal of the Trustees pursuant to R.C. 5807.06: (A) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or the court may remove a trustee on its own initiative.”
Gorby v. Aberth, 2017-Ohio-274, 81 N.E.3d 910. · cites it 13ד{¶31} Section 5807.06(B) provides, in pertinent part, that a court may remove a trustee if the trustee has committed a serious breach of the trust, or if the court determines that removal of the trustee best serves the interests of the beneficiaries because of the trustee’s…”
Kidd v. Alfano, 2016-Ohio-7519, 64 N.E.3d 1052. · cites it 6דR.C. 5807.06, provides as follows: (A) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or the court may remove a trustee on its own initiative.”
Ulinski v. Byers, 2015-Ohio-282. · cites it 7דUnder R.C. 5807.06: (A) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or the court may remove a trustee on its own initiative.”
Pollock v. Mullins, 2024-Ohio-3423, 253 N.E.3d 629. · cites it 6ד01 provides that the “violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust” which may be remedied by the removal of the trustee as provided in R.C. 5807.06. See R.C. 5810.01(A) and (B)(7).”
In re Trust of Tary v. Seiple, 2022-Ohio-3773, 199 N.E.3d 230. · cites it 3דAnalysis {¶ 20} Removal of a trustee is governed by R.C. 5807.06, which provides, (A) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or the court may remove a trustee on its own initiative.”
Tomazic v. Rapoport, 2012-Ohio-4402. · cites it 2ד{¶18} Furthermore, R.C. 5807.06(A) provides that the settlor, a cotrustee, or a beneficiary may request the court to remove a trustee.”
Delp v. Delp, 2017-Ohio-7774, 97 N.E.3d 1174. · cites it 2ד(B) The court may remove a trustee for any of the following reasons: (1) The trustee has committed a serious breach of trust; (2) Lack of cooperation among cotrustees substantially impairs the administration of the trust; (3) Because of unfitness, unwillingness, or persistent…”
Ross Sinclaire & Assoc., L.L.C. v. Huntington Natl. Bank, 2018-Ohio-661, 106 N.E.3d 866. “13 describes in general terms a trustee's duty to inform and report, in relevant part, as follows: (A) A trustee shall keep the current [bondholders] of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect…”
In re Est. of Reck, 2022-Ohio-719. · cites it 3ד06(A) provides: ‘The settlor, a co-trustee, or a beneficiary may request the court to remove a trustee, or the court may remove a trustee on its own initiative.”
Tomazic v. Rapoport, 2012-Ohio-4402. “{¶18} Furthermore, R.C. 5807.06(A) provides that the settlor, a cotrustee, or a beneficiary may request the court to remove a trustee.”
Ulinski v. Byers, 2015-Ohio-282. “Under R.C. 5807.06: (A) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or the court may remove a trustee on its own initiative.”
In re Est. of Reck, 2022-Ohio-719. “06(A) provides: ‘The settlor, a co-trustee, or a beneficiary may request the court to remove a trustee, or the court may remove a trustee on its own initiative.”
Gorby v. Aberth, 2017-Ohio-274, 81 N.E.3d 910. “{¶31} Section 5807.06(B) provides, in pertinent part, that a court may remove a trustee if the trustee has committed a serious breach of the trust, or if the court determines that removal of the trustee best serves the interests of the beneficiaries because of the trustee’s…”
Tomazic v. Rapoport, 2012-Ohio-4402. “{¶18} Furthermore, R.C. 5807.06(A) provides that the settlor, a cotrustee, or a beneficiary may request the court to remove a trustee.”
Delp v. Delp, 2017-Ohio-7774, 97 N.E.3d 1174. “(B) The court may remove a trustee for any of the following reasons: (1) The trustee has committed a serious breach of trust; (2) Lack of cooperation among cotrustees substantially impairs the administration of the trust; (3) Because of unfitness, unwillingness, or persistent…”
Dueck v. Clifton Club Co., 2017-Ohio-7161, 95 N.E.3d 1032. “01 lists a range of remedies for breach of trust, appellants seek removal of the Trustees pursuant to R.C. 5807.06: (A) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or the court may remove a trustee on its own initiative.”
Kidd v. Alfano, 2016-Ohio-7519, 64 N.E.3d 1052. “R.C. 5807.06, provides as follows: (A) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or the court may remove a trustee on its own initiative.”
Gorby v. Aberth, 2017-Ohio-274, 81 N.E.3d 910. “{¶31} Section 5807.06(B) provides, in pertinent part, that a court may remove a trustee if the trustee has committed a serious breach of the trust, or if the court determines that removal of the trustee best serves the interests of the beneficiaries because of the trustee’s…”
In re Trust of Tary v. Seiple, 2022-Ohio-3773, 199 N.E.3d 230. “Analysis {¶ 20} Removal of a trustee is governed by R.C. 5807.06, which provides, (A) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or the court may remove a trustee on its own initiative.”
Pollock v. Mullins, 2024-Ohio-3423, 253 N.E.3d 629. “01 provides that the “violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust” which may be remedied by the removal of the trustee as provided in R.C. 5807.06. See R.C. 5810.01(A) and (B)(7).”
Gorby v. Aberth, 2017-Ohio-274, 81 N.E.3d 910. “{¶31} Section 5807.06(B) provides, in pertinent part, that a court may remove a trustee if the trustee has committed a serious breach of the trust, or if the court determines that removal of the trustee best serves the interests of the beneficiaries because of the trustee’s…”
Ulinski v. Byers, 2015-Ohio-282. “Under R.C. 5807.06: (A) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or the court may remove a trustee on its own initiative.”
Pollock v. Mullins, 2024-Ohio-3423, 253 N.E.3d 629. “01 provides that the “violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust” which may be remedied by the removal of the trustee as provided in R.C. 5807.06. See R.C. 5810.01(A) and (B)(7).”
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