Legal Question in Wills and Trusts in California

Re: Incompetent Executor of Father's Trust

Can petition the Court for removal and an accounting.

JOEL SELIK Attorney at Law

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Re: Incompetent Executor of Father's Trust

Within 30 days after the death of the trustor, the executor must send a copy of the trust to all beneficiaries named in the trust as well as all intestate heirs.

Examine the trust document to be sure that there is no clause that cuts off your right to your share if you contest the actions of the Executor. Believe it or not there are trust documents that do that.

Your first step should be a request for accounting. That usually starts things happening. Your goal is to get into mediation which is always ordered in the Los Angeles Superior Court. Once you get to mediation you are pretty secure because the Trustee will know he is being watched.

If the trust document allows, you can petition for a change in trustee and the court will appoint a trustee from a list of attorneys that are signed up with the court.

Your first step here is to ask the court to name you as trustee and then be ready to step back and let the court appoint their own trustee. This is because the court does not like to favor one family member over another one. When a contest develops, the court just puts in a disinterested third party.

It is always better to resolve theses issues diplomatically to save on attorneys' fees. You should try to resolve this without going to court but if you cannot, try to get into mediation a.s.a.p.

Re: Incompetent Executor of Father's Trust

they need to file a petition with the superior court to have the trustee removed.

probate code sections dealing with misconduct by trustees follow below:

SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=00001-01000&file=850-859

SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=15001-16000&file=15640-15645

SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=15001-16000&file=16000-16015

SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16040-16042

SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16420-16421

SEE http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=17001-18000&file=17200-17211