In situations where co-trustees of a trust are unable to get along during the trust administration process, the San Diego probate court can intervene and remove one or both of the trustees. Contact our office today for a free consultation.
Articles about Court Involvement
If a trust dictates the amount of trustee compensation, that amount generally is what is used. In some cases, you may be entitled to more, however.
The law for California will contests, probate litigation, and trust litigation is mostly found in the California Probate Code.
Generally, from a beneficiary’s perspective, the difference between trust litigation and financial elder abuse litigation is when the money or property was wrongfully taken.
First, never take “no” for an answer. If you are a trust beneficiary then your common sense tells you that you are entitled to get a copy of the trust. You are right.
If a trustee has mismanaged assets or property, which caused a significant loss of value, the first thing you want to do is determine how the estate was mismanaged.
Generally, if you were the beneficiary named in a California trust, you have the right to see a copy of the trust instrument, provided that your rights have vested. If your rights as a beneficiary have vested, you can request a copy of the trust instrument directly from the trustee.
Modifying an irrevocable trust is not a simple procedure. If changing trust terms were easy, it would increase the potential for the intent of the creator of a trust to be overlooked. California probate laws, however, do outline limited circumstances under which a trust can be changed or terminated.