Legal Question in Wills and Trusts in California
The primary trustee passed away, the survivor trustee is non performing their fiduciary duties by not signing the required property papers for the beneficiary, possibly also misusing the property by not paying rent. What is the process that is required to remove the non performing trustee through the probate court? How much will this process cost? How long will the probate court take to change the trustee? Is there any way to find this out from the probate court?
3 Answers from Attorneys
The trustee is removed by the filing of a petition in the probate department of the appropriate court. You then go through the general litigation process, complete with an evidentiary hearing and/or trial. Much depends on where you have to file, but the process will likely take several months. Often the simple fact of filing is sufficient to get a trustee to behave. You really need to talk to an attorney that handles trust and estate litigation to get a better sense of the process, the cost, and your chances of success -- the Court cannot provide that information.
In addition to Mr. Perry's information on the court procedure, it is also possible the trust document sets out a procedure a beneficiary may use for replacing the trustee. The Court itself will not assist you; you should consult an attorney. The trustee almost certainly will retain an attorney.
I agree with the above comments. Do you have a copy of the trust agreement? Are you a beneficiary of the trust?
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