Trust Litigation

Removing Parent’s Trust Attorney as Trustee

By December 26, 2025No Comments
Trust attorney

Table of Contents

Key Takeaways

  • California law generally disfavors an attorney who drafted a trust and later serves as trustee.
  • When an attorney amends a parent’s trust during cognitive decline, beneficiaries may have grounds to challenge the change.
  • Beneficiaries can petition the California probate court to remove an attorney-trustee and appoint a successor.
  • Courts may order fee-shifting when an attorney opposes removal in bad faith, depending on the circumstances.

Why California Law Scrutinizes Trust Attorneys Serving as Trustees

In California, it is not unusual for a beneficiary to learn that the lawyer who prepared a parent’s trust is now acting as trustee. That arrangement can create tension because the trustee controls information, makes financial decisions, and determines the pace of administration.
California law subjects situations involving a drafting attorney who later serves as trustee to heightened scrutiny. The concern is not only cost. A trustee who is also the drafting attorney may hold disproportionate influence over the trust administration, and beneficiaries may reasonably question whether decisions are being made to protect the trust or to preserve ongoing fees.
At The Grossman Law Firm, we often see this issue arise when a trust attorney bills trustee time at attorney rates.
In those situations, the attorney may perform extensive “administration” work that provides little or no benefit to the beneficiaries.
These delays can slow key decisions that would otherwise move the trust toward timely distribution.

When a Parent’s Trust Was Changed Near the End of Life

These cases become more serious when an attorney amends the trust shortly before a parent’s death. Beneficiaries sometimes discover that a parent signed significant changes while experiencing dementia or other impairment, and those changes may reduce a beneficiary’s share or redirect assets in unexpected ways.

When the exact attorney who prepared the amendment later assumes the trustee role, beneficiaries may need to evaluate two

issues simultaneously: whether the amendment is valid and whether the attorney should remain in control of the trust. Even if a beneficiary is not ready to contest the amendment, removing the attorney as trustee may be an appropriate first step. Primarily if the trustee administers the trust in a way that harms the beneficiary’s interests.

How Beneficiaries Can Remove a Trust Attorney as Trustee

California probate courts have the authority to remove a trustee when removal is necessary to protect beneficiary interests and ensure proper administration. Beneficiaries typically file a removal case by petition in the probate division and focus on whether the trustee should continue serving, not merely whether the trustee’s approach is frustrating.
In many situations, an attorney-trustee has little incentive to defend the position aggressively once a petition is filed, particularly when the facts raise conflict concerns. If the attorney opposes removal without a reasonable basis, the court may shift attorney’s fees and costs under California law. Once the court removes the attorney or the attorney resigns, a successor trustee can take over and continue the administration.
Beneficiaries have the right to receive information relevant to their interests, to question delays, and to seek court involvement when trustee conduct threatens the trust or the beneficiaries’ rights.
If you want additional background, review 20 Ways Your Trustee May Be Breaching Their Fiduciary Duties. As well as our Overview of California Trust Litigation for a broader explanation of common trustee misconduct issues and available remedies under California law.

FAQ

Can a trust attorney legally serve as a trustee in California?
Sometimes, yes. However, California law scrutinizes the arrangement closely, particularly when the attorney drafted the trust or participated in amendments that benefit the attorney through ongoing control or fees.
Can beneficiaries remove the attorney even if the trust names them as trustee?
Yes. California probate courts can remove a trustee when the legal standard is met, even if the trust instrument originally named that trustee.
What happens after removal?
A successor trustee takes over the administration of the trust. Depending on the trust terms and court orders, the successor may also review prior administration and address any issues that need correction.

How The Grossman Law Firm Can Help

At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.
Call (888) 443-6590 or fill out our Get Help Now form.
Our Intake Specialists can evaluate your case at no cost to you. For qualifying cases, our Intake Specialists will schedule a Free Phone Consultation with Attorney Scott Grossman.
Originally Published April 24, 2018