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By: Scott Grossman on September 15th, 2016

Six Steps for Removing a California Trustee Who Is Not Mentally Stable

Often, when discussing a California will or trust litigation matter, the focus of the conversation is on the mental capacity of the person who created the trust. What happens, however, when it is the mental capacity of the trustee that is in question? Clearly, the trustee of a trust bears a great deal of responsibility. He or she has a duty to manage and preserve the trust assets and to carry out the terms of the trust. When the trustee’s mental capacity is in question, it can cause irreparable harm to the trust assets. If the trustee is not willing to acknowledge his or her diminished mental capacity, the beneficiaries may need to pursue legal action in removing the trustee.

Consider taking the following actions in Removing the Trustee:

  1. Contact an experienced trust litigation attorney for guidance. Time is of the essence since valuable trust assets could be in jeopardy.
  2. Obtain a copy of the trust.
  3. Gather copies of all records of the trust.
  4. Assemble copies of all written communications between yourself and the trustee, especially those that indicate the trustee’s diminished mental capacity.
  5. Review the terms of the trust for the proper procedure for removing a trustee.
  6. Consider filing a petition with the probate court if recommended by your attorney.

In addition to seeking the permanent removal of a trustee, a beneficiary may also seek to have the trustee temporarily suspended.

If you are ready to start your case, then please give us a call or fill out our Get Help Now form.  If you want a comprehensive overview of California Probate, then click here. Should you have additional questions about trust litigation, then you will find plenty of useful information in our Learning Center.