Legal Question in Wills and Trusts in California
Removal of a Trustee
How can I (myself) as a beneficiary remove, my brother, the Trustee of my late mother's Trust through the courts ?- he is violent, truly clinically unstable, is wielding his power for his own sole benefit, and refuses to distribute anything as stated in my mother's Trust. How can I stop this beast?
3 Answers from Attorneys
Re: Removal of a Trustee
Often times the terms of the trust dictate when and how a trustee can be removed. Otherwise the trustee must behave competently, inpartially and responsibly. If you have not done so already you should request a copy of the trust from your brother by certified mail. You should also, in the same letter even, request an accounting of the trust. He must respond to these requests. Keep clear records of your requests and his response.
Lastly, the trustee, in defending their right to act as trustee can spend trust funds on their attorney where you will have to pay for your attorney out of pocket. Therefore, if the legal fight lasts very long the funds of the trust will be consumed in attorney's fees. In any event the process of removing a trustee requires an attorney. Best of luck!
Re: Removal of a Trustee
You should contact attorney with expertience litigating these kinds of cases.
Please contact me if you would like to discuss further.
Re: Removal of a Trustee
You can file a petition to remove him. My website is a good resource of information on this topic. You might want to check it out. www.pci-law.com
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