If you suspect that a trustee has committed a breach of trust, it is vital that you contact a California trust litigation attorney in order to protect your rights as a beneficiary. The more time allowed to pass, the higher the risk that trust assets may be squandered. A breach of trust occurs when a trustee fails to follow the duties given to them in the trust. The trustee owes a duty to the beneficiary. After reviewing the facts and circumstances of your case, your attorney may bring an action with the California probate courts.
If the court finds that a California breach of trust has occurred, it can take the following actions:
- Remove the trustee
- Make the trustee pay the beneficiaries for any loss to the trust
- Suspend the trustee’s powers while the case is pending, if the beneficiaries’ interests are at risk
Now, order the trustee to provide you with the following:
- Order the trustee to provide you with a report about the assets, liabilities, receipts, and disbursement of the trust
- A report about what the trustee has done
- How much money he or she has received
- What agents he or she has hired
- Amounts paid to such agents
- Information about your beneficial interest
- Order the trustee to provide you with a copy of the trust instrument
To learn more about breach of trust in California, contact an experienced San Diego probate attorney for a consultation. Call our toll-free number today at (888) 443-6590.