Table of Contents
- Key Takeaways
- Why Temporary Trustee Suspension Matters
- What Is an Ex Parte Petition to Suspend a Trustee?
- What Must Be Shown to Suspend a Trustee
- Benefits of Temporary Suspension
- How The Grossman Law Firm Can Help
- Related Resources
- FAQ
Key Takeaways
- Beneficiaries can request a temporary suspension of a trustee through an ex parte petition if trust assets are in immediate danger.
- Suspension is often granted when there is credible evidence of misappropriation, waste, or unfair treatment of beneficiaries.
- A neutral temporary trustee is appointed while the court considers permanent removal.
- The Grossman Law Firm routinely files emergency petitions to protect beneficiaries and prevent further loss or damage to trust property.
Why Temporary Trustee Suspension Matters
If you are a trust beneficiary in California and believe your trustee is mismanaging assets, waiting months for a full removal hearing could cause irreversible harm. Probate courts often move slowly, but trust assets can disappear quickly.
In urgent situations, the law allows beneficiaries to request a temporary suspension of the trustee. This action protects trust property while the court reviews whether permanent removal is justified. Acting quickly can make the difference between preserving and losing your inheritance.
What Is an Ex Parte Petition to Suspend a Trustee?
An ex parte petition to suspend a trustee is a legal motion filed when immediate action is needed to prevent harm to the trust. “Ex parte” means the petition is brought without advance notice to the opposing party due to urgency.
The petition asks the court to:
- Temporarily remove the current trustee.
- Appoint a neutral third-party trustee to take control of the trust.
- Prevent further harm or dissipation of assets.
Courts may hold a short-notice hearing and issue an order the same day or within a few days, depending on the evidence presented.
At The Grossman Law Firm, we frequently use this emergency remedy to safeguard our clients’ interests when trust assets are in jeopardy.
What Must Be Shown to Suspend a Trustee
Because suspension is a serious measure, California courts require strong and specific evidence that immediate harm is likely.
Valid grounds for temporary suspension include:
- Misappropriation or diversion of trust funds
- Self-dealing or other financial misconduct
- Failure to account for or disclose trust transactions
- Favoritism or unequal treatment of beneficiaries
- Neglect, incompetence, or actions that endanger trust property
The petitioner must demonstrate that waiting for a regular hearing would result in further loss. An experienced trust litigation attorney can gather records, communications, and financial documentation to meet this burden.
Benefits of Temporary Suspension
Temporary suspension protects both beneficiaries and the integrity of the trust. Key advantages include:
- Preventing further harm to trust assets
- Preserving evidence and preventing its destruction
- Maintaining neutrality until the court rules on removal
- Ensuring stability during ongoing litigation
In many cases, this temporary measure is the only effective way to stop financial damage while the full case proceeds.
How The Grossman Law Firm Can Help
When trust assets are at risk, swift legal action is essential. For over 20 years, The Grossman Law Firm has represented California beneficiaries and heirs in probate and trust litigation. We help clients:
- File emergency ex parte petitions for temporary trustee suspension
- Present compelling evidence of mismanagement or breach of duty
- Secure appointment of neutral trustees to stabilize trust administration
- Pursue complete trustee removal when permanent action is warranted
Our firm focuses exclusively on California trust and probate litigation—never estate planning. If your trustee is putting your inheritance in jeopardy, we can help you protect it.
Call (888) 443-6590 or fill out our Get Help Now form below.
Our Intake Specialists can evaluate your case at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Related Resources
- Overview of California Trust Litigation
- How to Get Your Trustee to Distribute Your Inheritance
- Tips for Determining the Damages for a Breach of Fiduciary Duties
- 20 Ways Your Trustee Can Be Breaching Their Fiduciary Duties
- Can’t Afford a Probate or Trust Attorney?
FAQ
What is an ex parte petition in California trust litigation?
It’s a legal request made on short notice—often without warning to the trustee—asking the court to take immediate action to protect the trust from harm.
How long does a temporary trustee suspension last?
The suspension typically remains in place until the court hears the full petition for trustee removal, which can take several months depending on the court’s schedule.
Will the court always approve an ex parte petition?
No. The court requires strong, credible evidence that immediate harm exists. A well-supported legal argument is essential to success.
Can the suspended trustee return to their role later?
Yes. If the court denies the complete removal petition, the suspended trustee may be reinstated. That’s why temporary suspension must be justified with clear, persuasive evidence.
Originally Published October 11, 2016