Practical. Principled. Passionate.

Removing Or Compelling Trustees With Confidence

Trustees play a crucial role in managing and distributing the assets of a trust in accordance with the grantor’s wishes. If a trustee should neglect their fiduciary duties, the beneficiaries have the option of taking legal action. California probate code allows for petitions to remove or compel a trustee who is not acting in the best interests of the beneficiaries to protect the assets and honor the last wishes of the decedent.

At Morrill Law, our lawyers are proud to help beneficiaries throughout the Walnut Creek area with their trust administration needs. Our attorneys have extensive experience holding trustees accountable, and if you are having trouble with a trustee, we can help you through the process of either compelling or removing them.

The Grounds And Process For Trustee Removal

The California Probate Code outlines clear fiduciary responsibilities that trustees must adhere to, including loyalty, prudent asset management, impartiality, and adherence to the trust’s terms. If a trustee does not meet these duties, shows signs of self-dealing, or engages in negligent management, beneficiaries can begin the process of seeking the trustee’s removal.

Removing a trustee commonly requires a petition to probate court paired with a list of all the grievances that justify the removal in accordance with the law. This list can include breach of trust, incapacity, excessive compensation, and other valid reasons. Our attorneys know how to develop a compelling case based on the evidence and circumstances of your unique situation to pursue a favorable outcome in your estate and trust needs. 

Advocate For Trust Justice

If you suspect that your trustee is failing their responsibilities, let us help you seek to compel them to do what is right or remove them from their position. Call us at 925-255-0633 or email us here to meet with us and discuss your options to protect your best interests.