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By: Scott Grossman on October 15th, 2016

Trustee Is Mentally Incompetent? What to Do Next

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Reasons for Court Involvement During a Trust Administration

Court Involvement for Breach of Trust

For the vast majority of trust administrations that occur in California, court involvement is unnecessary. This means that the trust is administered by the trustee and his advisors without needing court approval. In some cases, however, a beneficiary may need to petition the court in order to provide supervision, or, in some cases, to remove the trustee. One example is when you suspect that a trustee is mentally incompetent.

What to Do When You Suspect A Trustee is Mentally Incompetent

If you suspect, based upon the trustee’s actions that he may be mentally incompetent, it is important to act quickly. The assets of the trust are at stake. The following are six steps to take when you find yourself in this situation:

  1. Contact an experienced attorney. Court supervision is typically not necessary during a trust administration. In situations like this, however, it is important to get the court involved. Your attorney can help walk you through the process of invoking the involvement of the Superior Court in San Diego or another court of proper jurisdiction.
  2. Gather copies of the trust and all accountings that you have received to date.
  3. Gather copies of account statements for trust assets, if you have access to them.
  4. Assemble copies of all written communication with the trustee.
  5. Obtain statements from other parties who can speak to the mental competence of the trustee.
  6. Prepare a chronology of events to provide to your attorney to help him understand why you suspect the trustee is mentally incompetent.

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