California Trustee Defense

Are beneficiaries trying to remove you as the trustee? Are they seeking damages against you personally?

Beneficiaries are not always easy to work with. Stepchildren, estranged or jealous siblings, as well as those who were dependent on the settlor can be the most difficult to please. If a beneficiary is questioning your acts as trustee, get legal counsel from a trustee lawyer as soon as possible.

Trustees have a fiduciary duty to defend the trust and that includes defending their position as trustee. If you are a trustee and a beneficiary seeks your removal, it is usually because of a breakdown in communication. If you are served with a removal petition, take immediate action.

Most trustee removal petitions include requests for orders for accountings, financial surcharges, and attorney fees against trustees personally. The petitioners may also seek remedies for breach of trust, including relief for various types of damages. Since losing could be extremely expensive, you do not want to take on these types of matters without competent legal counsel.

We have successfully represented trustees, even those who have made major mistakes. Our primary goal is to minimize, if not completely eliminate, our client’s personal liability.

We use our knowledge, expertise and experience to develop winning strategies. We work hard to keep our clients in the position of trustee. Moreover, we negotiate a final account settlement and distribution of trust assets. For clients who have done nothing wrong, we fight off aggressive beneficiaries and strive for orders requiring them to pay all attorneys fees and costs from their share of the trust proceeds. Either way, we will shoulder the stress and help reduce the pressure so you can continue focusing on more important things.

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