Legal Question in Wills and Trusts in California

In family trust litigation, the original trustee was replaced, an accounting will be done,and if mismanagement exists, the previous trustee will be surcharged for the losses caused by the mismanagement. Does the new substitute trustee have the legal obligation to to do all the legal preparation (depositions, discovery work, etc.), to prepare and bring the case to trial, to determine if mismanagement has occurred ?


Asked on 9/30/14, 6:56 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

The discovery burden is on the party who is challenging the actions of the former trustee. That could be either the successor trustee or a beneficiary.

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Answered on 9/30/14, 9:53 am


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