Legal Question in Wills and Trusts in California

Challenging a Trustee

My aunt is trustee over my father's living trust. Due to various negligent ways that she is handling the two properties in the trust, I am thinking of suing her to take over as trustee. Can she further deplete the assets of the trust to pay for an attorney to fight my lawsuit? In most cases is it even worth it to sue or is it just more expensive than its worth? I need to take control over the property my father left to me before my aunt runs it into the ground. She will not call me back and when we do speak she refuses to continue our conversations once I inquire about the properties or inquire about anything having to do with the maintenance of the properties. Lastly is there any attorney or help you may be able to recommend in the San Francisco area of California? Thanks.


Asked on 5/23/06, 4:51 pm

3 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Challenging a Trustee

You certainly may challege her position for incompetance. Call me directly at 16192223504.

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Answered on 5/23/06, 5:34 pm
Kai Wessels Kai H. Wessels

Re: Challenging a Trustee

Yes, you may request the removal of the trustee for negligent misuse/investment/maintenance of the trust property. She can use trust funds to retain counsel, though the court can deal with this issue at the conclusion of trial. Whether it is worth the cost of you retaining counsel and causing her to deplete trust assets to fight you depends upon the strength of your case, the amount of harm caused by her, and the value of the assets in the trust. Good luck!!

If you need further assistance, please do not hesitate to contact me.

Sincerely,

Kai H. Wessels, Esq.

(Tel.: 877-Wessels)

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Answered on 5/25/06, 11:44 am
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Challenging a Trustee

you can file a petition to have her removed as trustee, if you can show negligence or malfeasance on the part of the trustee. whether this is worth pursuing depends upon the value of the trust estate and the value of what you might receive (as well as the likelihood of proving negligence or malfeasance).

please contact my office if you need representation.

see also:

probate code 16000 through 16105

probate code 16400 through 16465

probate code 17000 through 17201

all at:

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20

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Answered on 5/24/06, 12:25 pm


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