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Do you have grounds to remove a trustee?

On Behalf of | Nov 14, 2022 | Trust Administration |

If you decide to add a trust to your estate plan, you need to take time to find the right person to name as your trustee. A trustee has complete control of the trust and the assets it holds. Because of this, you want someone who is financially intelligent, has a basic understanding of the legal aspect of the trust and that is trustworthy. 

Even if you put in your best effort to find the right trustee, there is no way to predict the future or what may happen. If you come to a point where you need to remove a trustee, it is important to know what legal options you have

Reasons you may be able to remove a trustee

California statutes outline the grounds that would give you the right to file a motion to have a trustee removed. The process can be started by the settlor (the person who established the trust), a beneficiary of the trust or a co-trustee. 

However, to do this, it is necessary to prove that the trustee violated the statutes in place. Examples that would do this include not cooperating with the other trustees, if the person becomes ill or otherwise unable to carry out their duties or if the trustee does not work to maximize the trust income or preserve assets. 

Keep in mind that these are just a few examples that would give you grounds to being the removal process. 

Proving good cause for removal

Remember, in these situations; you will likely have to provide proof of the behavior that validates your removal request. While this is true, knowing and exercising your legal rights is recommended if you believe the trustee that has been named is no longer fit for the position. 

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