Legal Question in Wills and Trusts in California

Re: How to remove trustee/executor

1. Can an illegal be a trustee? Yes. However, he risks being deported if his status becomes known during litigation.

2. Is it hard to remove a trustee? No. But the court will appoint its own trustee, a noninterested third party. This can be very expensive to the trust because the new court appointed trustee has to study the entire file to understand the issues. Nevertheless, in cases where there is genuine stealing, it is worth it. But again, it is expensive. The best thing to do ALWAYS is try to get along with the trustee by being extremely diplomatic.

Re: How to remove trustee/executor

there is no requirement that the trustee of a US trust be a US citizen (although if a court is considering appointing a trustee, it will usually require a trustee who resides in the jursiditional area of the court). there can be US income tax consequences where a trust is considered to be a "foreign trust" by having a trustee who is resident in another country (whatever the citizenship of the trustee).

breach of fiduciary duty covers many acts and omissions. of importance in the case of a trust are mismanagment of assets, improper self-dealing and failing to follow provisions of the trust.

you need to retain an attorney to review the trust agreement and consider all the facts in order to obtain a complete and correct analysis of this situation.