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By: Scott Grossman on October 11th, 2016

Temporary Trustee Suspension Protects Assets of a CA Trust

Beneficiaries of trusts in California may seek temporary trustee suspension for many reasons. These include violating the law, wasting trust assets, stealing trust funds, or treating beneficiaries unfairly. Unfortunately, removing a trustee can take time. For this reason, your attorney may recommend filing an “Ex Parte Petition to Suspend Trustee.”

Overview of an Ex Parte Petition for Temporary Trustee Suspension:

  • A Petition to Suspend Trustee asks the Court to temporarily suspend a trustee and appoint a neutral third party to fill the role during this time period.
  • The suspension will last until the trustee removal petition is heard during the trial.
  • The temporary suspension allows the trust to remain intact without any further damage to the assets.
  • In order for the Court to grant the Petition, you will have to show a serious need. One such way is to prove that the trustee is misappropriating funds.

A temporary trustee suspension allows protection of the trust assets while trust litigation in California takes place.

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