The trustee of a trust has a fiduciary duty to act in the best interests of the estate and beneficiaries. As a result, the trust cannot intentionally harm the estate or the beneficiaries. Clearly, if the trustee is stealing from the estate, he or she is breaching fiduciary duty.
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.
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.
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.
If your parent had previously executed a will, and you believe that it has since been changed, it is possible that he or she was the victim of undue influence. You may be able to contest the will in the probate court and have it rendered invalid.
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.
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.