Legal Question in Wills and Trusts in California
removel of trustee/exec of an estate?
if I seek to remove the trustee for failing( refusing) to provide relevant documents reguarding the trust account on going accounting ie. bankstatements and original estate assets --will the court appoint the 2nd choice for trustee? Or will the court demand an immediate accounting and review the assets of the estate? I seek to settle the estate for which I am a benificary and have my rights enforced but the exec. who is the other benificaryof the estate informed me they have spent most the money in trust acct .They have abused their power now refuses to produce documents I requested. How can an equitable distribution reached If I've not seen paper giving me the true value of the trust acct. ? Take it on faith? I know I need an attny. A retainer is doable but what things can I do to to cut the billable hrs? my family needs to eat! To ad insult to injury she's said any advice I recieve on line from an attny who surfs the web for clients is laughable! Anyone care to take her on??
4 Answers from Attorneys
Re: removel of trustee/exec of an estate?
What's laughable, or more accurately sad, would be to get your legal advice from your adversary. Even your humble LawGuru volunteers are not your adversaries. She is ethically bound to "zealously represent" her client, in other words to shaft you.
Re: removel of trustee/exec of an estate?
The Court would probably obtain documentation to evaluate one way or the other whether the trustee should be removed for breach of duty. I would not take the accounting on faith. Not that it matters but many attorneys blog as a way to help people and give back to the community so her opinion is pretty cynical.
Re: removel of trustee/exec of an estate?
She is incorrect on may counts. First, you will need to have provided her with written correspondence demanding an accounting. As a beneficiary, you are entitled to this. If 60 days have passed and you have not been provided an accounting, then you will need to file a Petition for Accounting and at that time you can also include a Petition to have her removed as Trustee. You can also ask for damages at the same time as well.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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Re: removel of trustee/exec of an estate?
to fully and correctly answer these questions, the will, trust and documents related to any probate would need to be reviewed.
in general, in addition to filing a petition for an accounting, if the executor (or is it the trustee?) has violated his or her fiduciary duties you can petition to have that person removed, and if there has been any improper use or taking of estate(trust?) assets the executor(trustee?) could be surcharged. finally, if you prevail your attorney fees might be paid from the estate(trust?), assuming there are any assets left at this point. please contact my office if you need representation.
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