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What Remedies Are Available After California Trustee Theft?


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5/8/2012
Scott Grossman
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When a California trustee theft occurs, the result may be devastating. The creators of trusts are relying on the good faith of the individual that they appointed as trustee to carry out their wishes as outlined in the trust document. Since the settlor has passed away, he or she can no longer speak out or protect the assets that they worked so hard to build. Often, trust assets have an emotional significance that goes beyond their financial value. 

Although the circumstances may be stressful, a San Diego trust attorney can help guide you through the legal process if a trustee has stolen from your loved one’s estate. If the attorney determines that an action should be brought against the trustee in court, you will have to demonstrate that assets were stolen and that the beneficiaries suffered harm as a result. 

Beneficiaries of a trust from which a trustee has stolen assets may be entitled to any of the following remedies:

  • Damages for the amount that the trust would have made but for the trustee’s theft of estate funds
  • Damages for the unjust enrichment of the trustee
  • Other financial awards that the court deems equitable
  • Criminal charges and penalties

To learn more about the California trust litigation process, view our free guide The Ultimate Guide to California Trust and Probate Litigation.

For more information about California trustee obligations and the consequences of theft, contact experienced San Diego trust lawyers for guidance. Call our toll-free number today at (888) 443-6590.


Category: Probate and Trust Administration


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