When it comes to the administration of a trust, the courts will generally try to avoid judicial intervention. However, there are certain instances where you must involve the court in overseeing the trust administration process. In some cases, this occurs as a result of a beneficiary filing a petition with the court. The court where the beneficiary files the petition depends upon the location of the trust. For example, the petition may be brought in the Superior Court of San Diego where appropriate.
How a Beneficiary can involve the court in Trust Administration
If a beneficiary decides to seek court involvement, he or she can generally expect the following to occur:
- The beneficiary files a petition to initiate court proceedings pertaining to the administration of the trust.
- The court either allows the petition to move forward, or dismisses the petition if it does not appear reasonably necessary for the protection of the interests of the beneficiary.
- At least 30 days prior to the time that is in place by the court for the hearing on the petition, the beneficiary gives parties notice of the proceedings.
- The court reviews the petition and issues a ruling.
- The beneficiary must comply with the court’s decision.
For beneficiaries seeking court oversight, it is important to fulfill all of the necessary requirements. For trustees responding to the beneficiary’s petition, it is important to consider the possible options carefully. Regardless of which side of the table that you fall, seeking assistance from a capable professional will help to ensure that legal rights are safe and potential liability is minimal.
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AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307