Trustee Removal Petition

How to Remove a Trustee from a Trust in California

To displace an irrevocable trust’s trustee, court intervention is required. Interested parties, such as beneficiaries or co-trustees, initiate this by filing a petition in the relevant court. This legal request urges the court to consider and, if warranted, to formally remove the trustee, thereby ensuring the trust’s proper administration.

On What Grounds Can a Trustee be Removed?

PETITION TO REMOVE TRUSTEE CALIFORNIA

With that said, let’s go over various options for trustee removal, but take note the Trustee can fight back in probate court (probate litigation) and quite possibly use the Trust for legal costs. Now, of course, if the Trustee has breached their fiduciary duty, e.g., Misappropriation of the Trust funds (trust fund distribution to beneficiaries), stealing from the Trust, etc., then the trust beneficiaries and heirs can go after the Trustee civilly for stealing trust assets and even reducing the Trustee’s compensation. If there were embezzlement, it would be a crime. Once sufficient evidence is shown to justify the removal of a trustee, and the court deems this fact, a successor trustee will be designated Trustee to act impartially to fulfill the terms of the Trust.

Remove a Trustee from a Trust

If you are searching to remove the Trustee from a family trust, it breaks down to a few reasons:

• Misappropriation of Trust Funds
• Stealing from a Trust
• Lack of Transparency
• Sibling rivalry like Trustee vs. Co-Trustee disputes
• Failure to comply with the Trust terms
• Self-Dealing Trustee
• Neglect, Mismanagement of Trust Assets
• Trustee failure to Act
• Undue Influence
• Conflicts of Interest

The above reasons are just some common reasons for petitioning the removal of the Trustee and a co-trustee. Due to such circumstances, it’s essential to discuss your legal options with a trusted trust litigation attorney. Here at Hess-Verdon & Associates, and after 30+ years in trust litigation, we look forward to assisting you. Call 888-318-4430 for a consultation.

The burden of Proof to Petition the Removal of the Trustee

Suppose you need an experienced trust litigation attorney; it’s essential to have shown “reasonable” expectations from the Trustee. California probate code states to be reasonable in your approach. A court will not replace the Trustee simply because they feel they have not answered every question. If you have, there are time frames to meet to ensure you protect your legal rights. Call a Hess-Verdon attorney today at 888-318-4430 to understand estate disputes. 

However, if you have proof that there has been a misappropriation of the Trust assets, undue influence, or embezzlement, immediately consult a Trust litigation attorney to understand the grounds for removal. 

Choosing the Right Trust Estate Litigation Lawyer is Crucial

Are you searching for an Orange County Trust Litigation attorney? Hess-Verdon & Associates is one of the most knowledgeable and most sophisticated trusts and estate law firms in California at both the trial and appellate levels.

Our legal team of Trust Attorneys in Orange County is well-versed in estate planning, trust administration, and trust litigation.

Our viewpoint is the following: Aggressive legal representation with a team of experts that protect you, our preferred client, with current tax and California trust and estate planning strategies.

Our litigation team has spent years acquiring extensive experience in trial preparation, strategy, and trial presentation to help you with your specific case. 

We welcome the opportunity to discuss your needs, our qualifications, staffing approaches, and rate structures with a view toward the successful resolution of Estate and trust-related matters.

Learn more about our Living Trust Attorneys.

Why You Should Consider Hiring Hess-Verdon Trust Litigation Attorneys

At Hess-Verdon, we work diligently to assist individuals, families, fiduciaries, and organizations in comprehending trust documents by providing services to the following clients:

• Trustees
• Beneficiaries
• Individuals and families
• Banks
• Trust Companies
• Charitable entities
• Family Offices
• Corporate Fiduciaries
• Corporate Trustees
• Business Owners

Our team at Hess-Verdon specializes in guiding clients through various aspects of probate litigation, such as investigating potential claims, evaluating the trust document, assessing the merits of pursuing a claim, filing or defending a claim, and, when necessary, litigating a lawsuit through trial or settlement.

Our expert trust litigation team is often able to resolve disputes by removing a trustee or multiple trustees and settling proceedings without going to trial. This is achieved by considering the merits of the positions presented by the respective parties and applying the relevant tax rules.

Rest assured that the Hess-Verdon team is here to support beneficiaries. Unlike some other law firms, we are a full-service firm with extensive experience handling thousands of probate and trust litigation cases. This allows us to identify and implement the critical steps required for your case. Contact us now at 888-318-4430.