Legal Question in Wills and Trusts in California

Re: trust and will not in probate? should it?

You must go ex parte immediately to get an order shortening time to hear your motion to remove the trustee for mis-management and demand an accounting to reveal the theft. Contact me directly.

Re: trust and will not in probate? should it?

No. You have to file an action for an accounting and to remove the Trustee and replace the trustee. You can get provisional relief, i.e. an Temporary Restraining Order and Preliminary Injunction to protect the trust assets pending resolution of the lawsuit.

Re: trust and will not in probate? should it?

Using ANY of the trust funds for personal use of the trustee is NOT permissible and is cause for removal.

However, you will have to petition the Court to have him removed.

This should be done immediately so as to prevent further wasting of trust assets.

Query: How do you know that trust assets are being used for the gambling? Do you have evidence of this?

A court order should be obtained to prevent any use of trust assets while the hearing is pending as well as to move to remove this trustee.

Caleb

DISCLAIMER

This reply constitutes legal information for education purposes and does NOT constitute legal advice nor establish an attorney-client relationship. We will only represent you based on a written retainer agreement. Therefore, you should contact this office to discuss representation if you do want legal advice/representation.

Re: trust and will not in probate? should it?

You will need to file a Petition with the Court. There's no way around it.

Please feel free to contact me off this public forum, at our office, to discuss the details of your situation privately. I can be reached at the address, phone and email here on lawGuru, or through our firm's informative website located at No-Probate.com.

Scott