Feb62026
Estate Planning Q&A Series

Can a trustee be removed or replaced if they refuse to communicate or aren’t handling the trust responsibly? – North Carolina

Short Answer

Yes. In North Carolina, a court can remove a trustee and appoint a replacement when the trustee’s conduct makes proper trust administration difficult or puts the trust at risk—such as refusing to communicate, failing to provide information, or mishandling trust property. The first step is usually to review the trust document for any built-in method to replace the trustee, and if that does not solve the problem, an interested person can ask the court for removal and other relief.

Understanding the Problem

In North Carolina trust administration, the decision point is whether the trustee can be removed or replaced when the trustee will not communicate or is not managing the trust responsibly. The key actors are the trustee (the person in charge of trust property and decisions) and the beneficiaries or other interested persons who need information and proper management. The trigger is usually a breakdown in administration—missed decisions, missing records, unexplained transactions, or a refusal to share basic updates—especially when the trust is supposed to support an older relative with Alzheimer’s living at home in North Carolina.

Apply the Law

North Carolina law allows a court to step in when a trustee is not doing the job. While the trust document often controls who serves and how a successor is chosen, the court can remove a trustee when the trustee’s actions (or inaction) interfere with proper administration or create risk to the trust and the people the trust is meant to help. In many trust-related matters, the Clerk of Superior Court is the main forum for these proceedings, and the court can also fill a vacancy by appointing a successor trustee.

Key Requirements

  • Standing (who can ask): The request generally must come from an “interested” person, such as a beneficiary or someone whose rights are affected by the trust.
  • Cause (why removal is justified): The trustee’s refusal to communicate, failure to keep or share records, failure to follow the trust’s instructions, or other conduct that makes administration unsafe or unworkable can support removal.
  • A workable replacement plan: The court typically needs a clear path to a successor trustee (named in the trust, agreed to by the proper parties, or appointed by the court) so the trust can keep operating without gaps.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a vulnerable older relative with Alzheimer’s living at home in North Carolina, with limited caregiver support, and a recent loss of the person who handled day-to-day care decisions under a shared power of attorney arrangement. If a trustee is refusing to communicate or is not managing the trust in a way that supports the older relative’s needs, that can interfere with proper administration and can justify asking the court to intervene. A court will usually focus on whether the trustee’s conduct is preventing timely decisions and proper use of trust resources for the beneficiary’s care, and whether a successor trustee can step in without disrupting care.

Process & Timing

  1. Who files: Typically a beneficiary or other interested person. Where: Usually the Clerk of Superior Court in the North Carolina county tied to the trust administration (often where the trustee is administering the trust or where the trust is being supervised). What: A petition or motion asking to remove the trustee, appoint a successor trustee, and (when needed) compel information and records. When: As soon as the refusal to communicate or mismanagement begins to threaten the trust’s purpose (for example, delays in paying for in-home care or unexplained handling of funds).
  2. Next step: The court typically sets a schedule for notice to interested persons and a hearing. The trustee may be required to respond and may be ordered to provide records or an accounting so the court can evaluate what happened.
  3. Final step: If the court finds removal is appropriate, it enters an order removing the trustee and confirming the successor trustee (either the person named in the trust or a court-appointed replacement). The order can also address turnover of trust records and property to the successor.

Exceptions & Pitfalls

  • The trust document may control the fix: Some trusts name a successor trustee or give a “trust protector” or a group of beneficiaries the power to remove and replace a trustee without court. Skipping that step can slow things down.
  • Trustee vs. agent under power of attorney: A trustee manages trust assets; an agent under a power of attorney manages the person’s non-trust assets and personal decisions within the POA’s scope. A removal request must target the correct role, or the case can miss the real problem.
  • “Bad communication” vs. actionable conduct: Courts usually look for concrete issues—missing records, failure to provide basic information, unexplained transactions, conflicts of interest, or decisions that undermine the trust’s purpose—rather than personality conflicts alone.
  • Notice and record problems: Removal proceedings often require notice to interested persons and a clear paper trail. Keeping copies of written requests for information and documenting missed payments or care disruptions can matter.

Conclusion

In North Carolina, a trustee can be removed and replaced when the trustee’s refusal to communicate or poor handling of the trust makes proper administration difficult or puts the trust at risk. The court can also appoint a successor so the trust can continue without interruption. The practical next step is to review the trust for any built-in removal/successor process and, if that does not resolve the problem, file a petition with the Clerk of Superior Court to remove the trustee and appoint a replacement as soon as the trust’s purpose (such as paying for care) is being affected.

Talk to a Estate Planning Attorney

If a trustee is refusing to communicate or the trust is not being managed responsibly, our firm has experienced attorneys who can help explain options, gather the right records, and pursue a court order when needed. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Estate Planning Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.