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 to Suspend Trustee:
- 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 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. An experienced California trust litigation attorney can assist you in filing the petition. To learn more about this and other trust litigation matters, view our free guide, The Ultimate Guide to California Trust and Probate Litigation.
What should you do to prepare for your first meeting with a trust litigation attorney? Our article, How to Prepare for Your Initial Phone Consultation, offers helpful tips.
Contact an experienced probate litigation attorney today at (888) 443-6590 for a free consultation.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307