Legal Question in Wills and Trusts in California

Does the executor still have access to the funds? If so, try to have them resign voluntarily to stop more losses, and try to work out a settlement agreement (in writing) for repayment. If they refuse to do so, you'll have to file a petition to have the court remove them and order the losses repaid.

If you are not a beneficiary of the trust in question, you do not have standing to do anything. If, however, you are a beneficiary, even a residual or contingent one, you can, and should demand (a) that the executor/trustee return the funds in question, and (b) resign. If the executor/trustee won't do so then you can, and probably should, file a Petition in the Probate Court to compel the executor/trustee to do so. If you would like assistance in this matter, please feel free to call me.

Jon Reich

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