Trustee Removal Petition
There are various reasons to petition to remove a trustee, including mismanagement of trust assets, self-dealing, mental incapacity, inability to cooperate with other trustees and beneficiaries, violating requirements, and more. A petition of removal of a trustee can be filed by either a beneficiary or a co-trustee. The removal petition can seek financial damages.
California Petition to Remove Trustee
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Petition to Remove Trustee
With that said, let’s go over various options to remove a Trustee, but take note, the Trustee can fight back and use the Trust for legal costs. Now, of course, if the Trustee has breached their fiduciary duty, e.g., Misappropriation of the Trust funds, stealing from the Trust, etc., then the beneficiaries and heirs can go after the Trustee civilly. If there were embezzlement, it would be a crime.
Remove a Trustee from a Trust
If you are searching to understand how to remove a 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
- 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.
The burden of Proof to Petition the Removal of the Trustee
If you find yourself in need of an experienced trust litigation attorney, its essential to have shown “reasonable” expectations from the Trustee. A court will not replace the Trustee simply because one feels they have not been answering every question.
If you have proof, however, that there has been a misappropriation of the Trust assets or embezzlement, immediately consult a Trust litigation attorney.
Choosing the Right Trust Estate Litigation Lawyer is Crucial
Searching for an Orange County Trust Litigation attorney? Hess-Verdon & Associates is one of the most knowledgable and most sophisticated trusts and estate law firm in the state of California at both the trial and appellate levels.
Our viewpoint is the following: Aggressive legal representation with a team of experts that protect you, our preferred client, with current tax 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 Consider hiring Hess-Verdon trust litigation attorneys
We work efficiently to help individuals, families, fiduciaries, organization with the following:
- Individuals and families
- Trust Companies
- Charitable entities
- Family Offices
- Corporate Fiduciaries
- Corporate Trustees
- Business Owners
Here at Hess-Verdon, we counsel clients on various aspects of estate disputes. Such as investigating potential claims, evaluating the merits of bringing a claim, filing or defending a claim, and when necessary litigating a claim through trial or settlement.
With our expert team of trust litigators, in many instances, we can settle such proceedings without going to trial after taking into account the merits of the positions advanced by the respective parties and the tax rules applicable.
Rest assured, the Hess-Verdon team is here to help you. Unlike some other law firms, we are a full-service firm. Handling thousands of probate and trust litigation cases helps us know exactly steps are crucial for your case.
Visit us in Fashion Island in Newport Beach. If you believe you need a team of attorneys, paralegals, and a helpful, caring staff, then read on.
Trust & Probate Litigation Lawyers
Are you looking for a trust litigation lawyer in the Orange County area? When it comes to the practice of Trust and estates, it can be difficult finding an attorney that’s experienced in handling your specific issues.
- Can a Trustee sue on behalf of the trust
- Can a Trustee be held personally liable
- Can a Trustee remove a Beneficiary from a trust
- Settling a Trust After Death
- Being a Trustee of a Trust
Trustee & Co-Trustee Not Getting Along
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