A trust document may provide the terms for removing a trustee or the probate court has a power to remove a trustee by its own motion or pursuant to a petition seeking removal filed by settler, co-trustee or trust beneficiaries. If you are an heir or beneficiary of a trust that is being mismanaged by a trustee, we can help you seek their removal. Trustees who refuse to provide copies of the trust, do not communicate, or treat trust assets as their own, should be held accountable for their actions. It is also important to note that California allows the removal of a trustee, even if there is a no-contest clause. Pursuant to Probate Code §15642(b) a trustee may be removed for any good cause including, but not limited to, any of the following reasons:
- Breach of duty to act impartially, to avoid self dealing, to avoid bias
- Trustee is unable to pay off debts or unfit to administer the trust
- Hostility among co trustees that impairs administration
- The trustees failure to act or declining to act
- Excessive compensation
- The sole trustee is a disqualified person
There are lots of good reasons to act quickly if you think a trustee is abusing their fiduciary duties. Feel free to contact us to reschedule your no-cost consultation. We are truly here to help. Simply call: (714) 963-7543. At The Legacy Lawyers we are dedicated to your peace of mind.