Legal Question in Wills and Trusts in California

remove a trustee?

we are named as beneficiaries in a trust. the trustee claims there is no money becus there are so many debts to be paid. there is a home which can be sold - the trustee was given the home. she claims it is worth less than paid for and no money will be made. deceased died in july 07. we requested copies of the trust and the trustee said we were not named. finally just last week she sent us 5 pages only. we are named. she did not send the whole thing. i read something about a trustee having 120 days to notify beneficiaries. she lied saying we werent in it when we knew we were. she doesnt want to sell the home. do we have reason to ask to have her removed due to lying, conflict of interest, etc.


Asked on 2/16/08, 7:23 pm

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: remove a trustee?

yes.

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Answered on 2/17/08, 9:57 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: remove a trustee?

Your remedy in this situation is to file an action for an accounting. If the trustee is found to be abusing his or her fiduciary obligations, removal of the trustee and appointment of the trustee is a proper remedy. Many trusts will provide a procedure for the beneficiaries to remove the trustee and appoint another as well, but until the trust agreement can be read and evaluated, who is to say?

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Answered on 2/18/08, 1:26 pm


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