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.
Articles about Court Involvement
I suspect that the trustee of a California trust is engaged in wrongdoing-More about requesting a bond
If you have reason to suspect that the trustee of a trust in San Diego is engaged in wrongdoing and you have an interest in the trust property, requesting a bond can provide some protection. A beneficiary can petition the Court to order the Trustee produce a bond. The bond serves as a safeguard. If the trustee engages in wrongdoing, the bonding company will pay the costs.
What steps should I take if I suspect a breach of fiduciary duty in probate while the settlor of the trust was still alive?
With the recent decision of the California Supreme Court in the case involving the Estate of Giraldin, beneficiaries now have even greater rights against trustees.
If you are the beneficiary of a trust in California and suspect that the trustee has engaged in wrongdoing, you may decide to pursue legal action.
Under the laws governing wills and trusts in California, a beneficiary may be disqualified from receiving an inheritance in certain circumstances. For this reason, other beneficiaries or the executor or trustee of an estate or trust may bring forward a San Diego probate litigation matter.
Trustees of California trusts must be very careful to abide by the law and not favor any one beneficiary over another. If one beneficiary benefits to the detriment of another, the trust administration becomes ripe for litigation.
I suspect the trustee of a California trust is abusing trust funds. Which option should I pursue for protection?
Understanding what the right step is when you suspect trustee wrongdoing requires the guidance of an experienced San Diego probate court attorney. Trust litigation often can take several months, even years. When you are concerned that trust assets are being abused, it is therefore vital that you act quickly.
Wondering if you have grounds to pursue a lawsuit against a San Diego trustee for distributing your inheritance to the wrong party? View here for more.