Legal Question in Wills and Trusts in California

forms for removal of Trustee and Appel of accounting

After doing hours of research tring to find an experienced attorney (35 years in probate), I thought I had found one. He wrote 1 letter to request a copy of the Trust and to produce accounting for the last 4 years. The Trustee of my fathers trust was a personal friend of mine and has now decided not to talk/write or return my attorney's requests. She has mismanaged my fathers trust in numerous ways.

Now, this attorney wants wants another $1,800 to file a Petition to remove her as Trustee and Appel of Accounting(?). I am medically unable to work and I am on SSI. I have no more money to pursue this with an Attorney. I am looking to find these forms and do it myself. I can not find the forms on the OC Court website. Does someone know the form numbers? I find this riduculous putting out money to get what is rightfully mine, as I am an only child.


Asked on 12/07/04, 1:01 pm

2 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: forms for removal of Trustee and Appel of accounting

With the attitude you have you are probably going to screw everything up and there is no specific form which I would recommend to you or even have that would enable you to get what you want from the court. What you need to do is get a new attorney who is experienced in probate. I'm sorry you had a bad experience but at the same time one bad experience does not give you enough experience, knowledge, background, courtroom experience and possibly intelligence to deal with this particular situation. You have let it go far too long and now some attorney will have to come in and basically "unscramble" the egg.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

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Answered on 12/10/04, 8:33 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: forms for removal of Trustee and Appel of accounting

Unfortunately, most attorneys would give you the same answer, as those are the steps necessary to get the information/results you are seeking. It's possible an attorney could wait to be paid from your share of the trust distribution, but either way, it will likely require your paying attorney fees.

There aren't preprinted forms for what you're seeking, but the law library probate books should have some samples. Still, I'd recommend using the attorney to do this, in order to avoid mistakes or delays.

Another thing to look at when you do get the trust is whether it's set up to not interfere with your SSI eligibility. If this is an issue, it's possible that the trust may be reformed to allow for this.

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Answered on 12/07/04, 2:56 pm


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