Back to the Learning Center

By: Scott Grossman on August 27th, 2016

6 Situations Where You Should Pursue Court Supervision Of A Trust Administration



When creating a trust as part of an estate plan, one of the primary purposes is to avoid the need for a probate administration or court supervision over the trust administration process. Unfortunately, there are certain situations that do give rise for a need to get the court involved. As the beneficiary of a trust, you may have to petition for this supervision in order to protect your rights.

6 Situations to Consider Court Involvement During a Trust Administration

To know when you should contact an attorney about protecting your legal rights as a trustee, it is helpful to understand the types of situations that create a need for court supervision over the trust administration process. The following are six examples:

  1. When you are an interested person with regard to the trust, such as a beneficiary or creditor, and you invoke court involvement through the Superior Court in San Diego or some other court with proper jurisdiction.
  2. When California law mandates court supervision.
  3. When you know that assets are not being properly insured during the trust administration process.
  4. When you suspect that the trustee is mishandling trust assets.
  5. When you are not receiving any communication about the trust administration process.
  6. When you have concerns about the trustee’s competence, whether it be due to mental illness, substance use, or some other reason.

Situations where trustees are simply acting without regard for the trust terms, are perhaps some of the most important when it comes to getting the court involved. Our article, “Dealing with a Trustee Who Will Not Comply With Trust Terms in Six Steps,” provides a helpful guide as to what you can do to protect yourself.

Would you like more information about what do when you have concerns over a trustee’s behavior? Do not hesitate—contact us today.

Related Links:

Reasons for Court Involvement During a Trust Administration

Court Involvement for Breach of Trust

The Grossman Law Firm, APC · · (951) 523-8307