Legal Question in Wills and Trusts in California

Trusts

What happens if a Trustee does not follow what the trusts says. It goes to probate court right? Then the judge presses criminal charges toward the Trustee that did not distrubute according to the Trust?


Asked on 1/15/09, 4:58 pm

1 Answer from Attorneys

Re: Trusts

The case will not automatically go to a judge and a judge will not automatically "press charges".

An interested party must petition a court to do something in relation to the trust such as have the trusteee removed for cause.

Of course, this will only occur if the trustee is acting outside the scope of his/her authority.

Additionally, you have to see what the trust says for who the successor trustee will be.

In short, you need to consult with an attorney to review the trust documets and give you recommendations based upon the review.

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Answered on 1/15/09, 5:40 pm


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