When someone mishandles your loved one’s estate or trust in California, you have legal options to protect your rights. Money and family often create tension, but the law offers clear paths when executors or trustees fail to do their jobs properly.
Who manages estates and trusts?
Executors handle estates through probate court, while trustees manage trust assets. Both must follow strict rules under California law. They need to:
- Protect and manage all assets
- Pay debts and taxes on time
- Give assets to the right people
- Keep clear records
- Put beneficiaries first
- Follow all will or trust rules
These duties matter because they affect the money and property you should receive.
When you can take legal action
The law lets you sue an executor or trustee in California for several reasons:
- Taking or misusing assets
- Making deals that benefit themselves
- Not showing financial records
- Taking too long to give out assets
- Making costly mistakes
- Breaking their duties to beneficiaries
Before you file a lawsuit, try sending a formal request for information or suggest meeting with a mediator. These steps often solve problems faster than going to court.
To start a lawsuit, you’ll need proof of wrongdoing. Keep all papers, emails and records that show how the executor or trustee mishandled things. Take your evidence to the probate court where the estate or trust is open.
Remember that estate and trust laws change often in California. Each case brings different challenges, and missing a deadline or filing rule could hurt your case. A probate lawyer who knows these cases can tell you if you have a strong claim and help you take the proper steps to protect your interests.