These could include the named trustee bringing suit to enforce the provisions of a trust. Beneficiaries or interested parties may bring suit against a trustee themselves. In either instance, a trust would not be dealt with through the probate process, but the court might need to get involved with the interpretation of or the application of the trust’s terms.
At times, interested parties may seek the removal of a trustee for perceived misappropriations regarding the assets of a trust or for perceived failure to act in a prudent matter with regard to the management of a trust. Similarly, interested parties may seek to bar the trustee or change the trustee if they perceive the trustee exercised undue influence in the creation of the trust. Less often, a trustee might bring suit if they feel assets of the trust have been misappropriated by a party that has access to them.
In any circumstance, it would be wise to have the legal guidance of an attorney – as the process can get quite complicated – to ensure the protection of the trustee’s interests.