The San Diego Probate Court Can Remove California Trustees
As the beneficiary of a trust administered in California, you rely on the trustee to act in accordance with the trust rules, state law, and a sense of fairness and responsibility. Unfortunately, trustees do not always fulfill their obligations to the best of their abilities, and the California Probate Code provides many reasons for seeking the removal of a trustee from the San Diego probate court. A knowledgeable legal professional can help guide you through this process.
What are some of the reasons for the San Diego probate court to remove a trustee who is not doing his or her job? The following are common examples:
- The trustee has committed a breach of trust.
- The trustee has more debts than assets.
- The trustee is unfit to act as a trustee.
- There is hostility or lack of cooperation between co-trustees, making it difficult to administer the San Diego trust.
- The trustee is demanding an excessive payment for his or her services.
- The California Probate Code dictates that the trustee must be disqualified from serving as a sole trustee.
If the trustee is not acting properly, the court can also require that he or she pay the beneficiaries for any loss to the trust assets. The court can also remove the trustee’s powers while the litigation matter is pending, provided that the beneficiaries’ interest in the trust is at risk.
Wondering whether it is worth your time to pursue a lawsuit against a trustee? View our article,
“Riverside Trust Attorney Explains Why to Pursue Trustee Mismanagement.” Waiting too long to take action can be hazardous to the assets of the trust. You are also subject to time limitations in which to bring the lawsuit. For more information about pursuing a lawsuit against a trustee in California, contact a San Diego probate court litigation attorney today. Call our toll-free number at (888) 443-6590 for a consultation.
The Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307