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Court Involvement and Breach of Trust

If you suspect that a trustee has committed a breach of trust, it is vital that you contact a California trust litigation attorney in order to protect your rights as a beneficiary. The more time allowed to pass, the higher the risk that trust assets may be squandered. A breach of trust occurs when a trustee fails to follow the duties  given to them in the trust. The trustee owes a duty to the beneficiary. After reviewing the facts and circumstances of your case, your attorney may bring an action with the California probate courts.

If the court finds that a California breach of trust has occurred, it can take the following actions:

  • Remove the trustee
  • Make the trustee pay the beneficiaries for any loss to the trust
  • Suspend the trustee’s powers while the case is pending, if the beneficiaries’ interests are at risk

Now, order the trustee to provide you with the following:

  • Order the trustee to provide you with a report about the assets, liabilities, receipts, and disbursement of the trust
  • A report about what the trustee has done
  • How much money he or she has received
  • What agents he or she has hired
  • Amounts paid to such agents
  • Information about your beneficial interest
  • Order the trustee to provide you with a copy of the trust instrument

To learn more about breach of trust in California, contact an experienced San Diego probate attorney for a consultation. Call our toll-free number today at (888) 443-6590.

Scott Grossman

Scott Grossman


The Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307

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