How do you file a complaint against a trustee for breach of fiduciary duty?

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How do you file a complaint against a trustee for breach of fiduciary duty?

My brother is the trustee of my father’s estate and refuses to provide
any information and be accountable.
I recently became aware that he has not paid the taxes on my parents
home in three years.

Asked on January 4, 2017 under Estate Planning, Arizona

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

At the law library, ask the  law librarian to help you find sample complaints and the requisite language for breach of fiduciary duty by a trustee.  This information will be in PLEADING AND PRACTICE.
You will file your complaint (lawsuit) with the probate court and you should request in the complaint that the trustee be removed and a successor appointed.
Attach a summons to the complaint, file it with the court and have a process server serve the summons and complaint on the trustee.  After the trustee has been served, file the proof of service with the court.


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