Contact Us Today!
Removal of Trustee Lawyers in Sacramento
GROUNDS FOR TRUSTEE REMOVAL
Individuals who are serving as trustees have a number of responsibilities which are set forth in the California Probate Code and in the governing trust instrument itself. Often, family members with no previous trust management experience are selected to serve as trustees. While this is common, it is not always wise, and this decision should be carefully thought through before being made.
Inexperienced trustees commonly make mistakes and, while not all mistakes will subject a trustee to removal, some mistakes will.
California Probate Code § 15642 provides several scenarios in which a trustee may be removed, including removal for committing a “breach of the trust.” This is a broad category and encompasses mismanagement of trust property, misallocation of trust assets, failure to make timely distributions, and more. Some other grounds for removal are: 1) a trustee’s insolvency, 2) hostility or lack of cooperation among cotrustees, 3) a trustee’s failure or declination to act, and 4) payment of excessive compensation by the trust for the trustee’s services.
In addition to removal pursuant to California statutes, a trustee may also be removed according to the specific terms of the trust instrument. A careful review of the trust instrument is recommended in order to determine whether a non-judicial procedure to remove a trustee is available, prior to filing an action for trustee removal in state court.
Trustees who are subject to removal due to breaches of their fiduciary duties are likely also subject to trustee surcharge as a remedy for the damage caused to the trust by the errant trustee.
What Our Clients Say
Reviews & Testimonials
-
"We were presented with some information we were not aware of and are seriously considering making a few changes to our current estate plans"
I would recommend this type of seminar to anyone who takes their estate planning seriously. Laws and circumstances change all the time
- R.H. -
"very well organized and nicely presented."
I learned valuable information from Jonathan’s presentation and the guests' questions, along with their personal Trust stories
- Brenda -
"Extremely helpful"
The information on prop 19 was very clear and the distinction between that and state inheritance tax
- B.B, -
"Dealing with Huber Fox was very easy, my case went very smooth and easy"
hey are very nice an professional very kind they made it so easy for me
- D.H. -
"Knowledgeable. Polite. Approachable."
Knowledgeable. Polite. Approachable. I was in a legal situation where I needed help and never having been involved with a ...
- W.W. -
"They exceeded my expectations in every way"
I can’t say enough good things about Huber Fox Law Firm. From the very first consultation, their team was professional, ...
- C.P. -
"Super helpful"
Went in to put together a trust. Great information. Super helpful since I had little to no idea of what I really needed. ...
- W.C. -
"Very organized company"
Very organized company and helped me through a probate process with ease!
- M.M.