What can I do if an executor is mismanaging a n that I am a of?

UPDATED: Oct 1, 2022

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What can I do if an executor is mismanaging a n that I am a of?

I have witnessed them use Trust moneys like their personal expense account. Can I get the bank statement to prove this? Also, she claims to be a beneficiary but they aren’t isn’t listed as one in the Trust, they are only named executor in the Trust. The trustee had put aside 25 and the executor is claiming that is their fee. What she can spend on gifts and parties? They also gave away household items that could have been sold and paid for the lodging for people coming to the Celebration of Life. They also bought gifts for people and gave money to people who weren’t named as beneficiaries because she thought they should have been. What can I do? We went through a Trust attorney so no probate was necessary for us.

Asked on October 31, 2017 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If a beneficiary believes that a trustee is violating the terms of the trust and/or violating her fiduciary duty (her law-imposed obligation of loyalty and honesty to the beneficiaries), you can bring a legal action in chancery court (a part or division of county court) seeking an "accounting": that is, to require the benefiary to "account for" her actions. If the court finds that she has violated the trust or her fiduciary duty, it can order her to do (or not do) certain things, to return monies she took, spent, or diverted improperly, and/or remove her as trustee and appoint someone else.
This type of legal action is considerably more procedurally and legally complex than, say, a small claims suit; you are strongly advised to retain an attorney to help you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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