Legal Question in Wills and Trusts in California

Removing Trustee

I was named successor trustee of my father's trust through Petition of Removal. The judge removed my brother from being trustee. The judge stated in his ruling that my 2 brothers (the other was next in line as trustee) were only looking out for their interests and were not abiding by the terms of the trust. The trust stated that the property be sold immediately after his passing. However my brothers refuse to leave the property or pay rent. One brother hired an attorney to fight the decision. The second judge decided to over rule the first judge's decision. Can a judge over rule the initial judgement?


Asked on 5/25/07, 1:36 am

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Removing Trustee

It's difficult to answer without seeing the pleadings in the case, but judges can later reverse an earlier ruling, or perhaps different courts can even issue competing rulings, especially if one court isn't aware of the other ruling.

If the trust calls for a sale of the property, you can probably obtain an order for sale of the property, and also ask for a surcharge against your brothers for the cost of lost rent and costs to obtain compliance with the trust. The surcharges aren't always granted, but it's worth filing to ask for them, along with asking that the provisions of the trust be enforced.

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Answered on 5/25/07, 4:32 pm


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