How to get the removal of a trustee for breach of fiduciary responsibilities and embezzlement?

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How to get the removal of a trustee for breach of fiduciary responsibilities and embezzlement?

Asked on November 1, 2011 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  First I need to say that it is my understanding that it is very difficult to remove a trustee under California law.  Courts are not inclined to do so.  There are, though, two options.  First, you can ask that the court remove the trustee temporarily and put in place an independent party to act as the trustee.  In order to do that you have to show the court that there has been some significant breach of trust - embezzlement of funds, would work.   If the court does not agree with you then you have to file a full blown lawsuit in the form of a Petition to Remove the trustee.  It is a full blown lawsuit because it will be a full action with discovery, depositions, and a full blown trial. You are going to need legal help here.  Good luck.   


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