Legal Question in Wills and Trusts in California
When a Probate Judge receives a sworn statement from the trust attorney to show bias of the trustee against a beneficiary with evidence of the trustee's intent to continue his goal to act against the terms of the trust, can a judge use his discretion and deny a petition to remove the trustee?
Asked on 8/14/12, 2:18 pm
1 Answer from Attorneys
The simple answer is "Yes." The judge has the discretion to look at all the evidence and make a determination. Teh sworn statement presumably is just one piece of the evidence.
Answered on 8/14/12, 2:33 pm
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