Legal Question in Wills and Trusts in California
Trust Fiduciary Abuse
Is there a remedy for challenging excessive trust fees
by the trustee/attorney on an irrevocable trust with a
disinheritance clause? The simple estate was worth
$900,000 in financial instruments, the trustee/attorney
who also drafted the trust and was the only witness,
has taken over $60,000 during the last 3 1/2 years.
3 Answers from Attorneys
Re: Trust Fiduciary Abuse
if there have been improprieties that can be proven here, you may absolutely challenge and/or remedy any fraudulent dealings here. if you would like further assistance, email us directly today.
What has he done?
The issues is what has he done and are the fees excessive? Has he had to manage the trust? It sounds like it. $60,000 sounds a bit steep and there may be $20,000 recoverable. You will have trouble finding another attorney who cab get it though.
Re: Trust Fiduciary Abuse
Actions that challenge a trustee's duties are often exempt from non-contest clauses. If it is a close call, there is also a proceedure for obtaining a court ruling on whether or not your proposed action constitutes a challenge.
A trustee can be attacked and sometimes even surcharged for excessive fees or improper use of trust assets. You should realize, however, that the trustee gets to use trust funds to pay for his or her defense costs.
If we can be of assistance, please give us a call.
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