How to replace a Trustee who has misappropriated funds?

I was left as a trustee in a Trust my godfather gave me. I am extremely sick from cancer and luekemia, and my friend assisted me in assigning the trust to someone else to eleveate the stress of the property. I need to fire him as the trustee. He has not done anything he said he was going to do. He stole practically everything out of the house. I just need to get him off as trustee. I know i need to an attorney, but I need to know what to do first. Is there something I can do, something I can record. I am too sick to any real long legal battle, also the man I entrusted told me that I was doning something wrong since I would not give him quit claim on title and is threatening me with police.

Asked on October 23, 2013 under Estate Planning, California


Nathan Wagner / Law Office of Nathan Wagner

Answered 7 years ago | Contributor

You have answered your own question. You should speak to a local probate attorney. The attorney will need to see all of the documents you have regarding the trust and the trustee's activities. The trust documents may allow you to simply name a new trustee. More likely, you will have to petition the probate court to appoint a new trustee. This can get complicated, and you will want to have an attorney's help. 

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