how to remove dishonest trustee without attorney

1. A beneficiary may be able to remove a trustee under section 19 of the Trusts of Land and Appointment of Trustees Act 1996, where the trust instrument doesn’t give anyone else the power to appoint new trustees; and
2. The beneficiariesare all adults, of sound mind and, together, are entitled to the entire trust fund.

Full Answer

Can a court remove a trustee from a trust?

Removal of Trustees. The court can remove a fiduciary, such as a Trustee, when the court believes that the Trustee has taken action counter to the beneficiary’s best interest breaching their fiduciary duty. The judge will remove a trustee only if he or she hears the proper evidence.

What happens if a trustee fails to comply with a court?

Failure of the trustee to comply with the court’s order could result in his being held in contempt or even removed as trustee. Another option for anyone who is dealing with a trustee or executor who is not properly handling the estate is to seek his or her removal.

What to do if the executor of a will or trust misbehaves?

Whether your situation involves a misbehaving trustee or a misbehaving executor, you should consider filing a petition with the probate court to compel the executor or trustee to comply with the terms of the will or trust.

When does an incorrect decision warrant the removal of a trustee?

(i) incorrect decisions and non-observance of the strict requirements of the law, do not of themselves, warrant the removal of a trustee; (j) the decisive consideration is the welfare of the beneficiaries and the proper administration of the Trust and the Trust property. ”

What to do if a trust is being mismanaged?

If mismanagement does occur, the beneficiaries are able to take legal action to obtain damages from the trust. An experienced trust litigation attorney can help you fight for compensation due to someone mishandling your loved one's trust.

Can a trustee be personally sued?

Yes, a trustee can be held personally liable if they are found to be in breach of duty or breach of trust.

How do you hold a trustee accountable?

Basic Principles of a TrusteeManage the trust according to its terms.Keep in mind you have a duty of loyalty to the beneficiaries.Choose wisely if you are permitted to seek help from outside professionals.Provide and retain good accounting records.Keep the beneficiaries up-to-date on activities.More items...•

What a trustee Cannot do?

The trustee cannot refuse to carry out the wishes and intent of the settlor and cannot act in bad faith, refuse to represent the best interests of the beneficiaries at all times during the existence of the trust, and refuse to wind up close a trust.

Can trustees be held personally liable?

Trustee liability Trustees must understand that they can be held personally liable for poor decisions made in relation to the trust, whether made directly by them or by another trustee. It's important that trustees understand this before accepting an appointment.

Can beneficiaries take action against trustees?

If, after reviewing the documentation, the beneficiaries consider that a trustee is acting improperly and failing in his duties as a trustee, a beneficiary can take legal action to bring a claim for breach of trust.

Why would you sue a trustee?

Some common reasons trustees can be sued include: Engaging in self-dealing or other conflicts of interest. Failing to make trust distributions or provide an accounting of trust assets. Failing to keep beneficiaries informed about trust administration.

Does a trustee have legal liability?

A trustee is personally liable for any breach of his or her fiduciary duty.

Reasons for Removal of a Trustee

Removal of a trustee revolves around the trust documents and applicable California State laws. Typically, a trustee may be removed for any of the following reasons:

Ways to Remove a Trustee

Most trusts contain the process for removing a trustee in the trust documents. For instance, trust documents often state that a trustee may be removed through a unanimous vote by the beneficiaries. Or else, beneficiaries may be required to petition the court to make a determination.

Holding the Trustee Liable for Damages

Beneficiaries may hold the trustee liable for damages to the trust, which is called a surcharge. The surcharge is ordered by the court and requires the trustee to pay back any damages caused by the trustee.

Get Help with Your Trust

Creating a trust can be a difficult task. Feldman Law Group is here to help you establish a valid trust that avoids probate, and enables you to properly manage and distribute your assets.

Why do you need to remove a trustee?

Your goal in seeking an accounting and/or removal of a trustee or executor is to ensure the wishes of your loved one are carried out. Many times, the trustee or executor simply doesn’t know what to do or may have made an honest mistake. Other times, the trustee or executor may be acting with their own interests in mind rather than those of the estate and beneficiaries.

What to do if a trustee is misbehaving?

Whether your situation involves a misbehaving trustee or a misbehaving executor, you should consider filing a petition with the probate court to compel the executor or trustee to comply with the terms of the will or trust. If the court determines that the terms of the will or trust are not being carried out, it will enter an order requiring ...

What to do if a trustee refuses to communicate?

As a beneficiary of a will or trust, if you find yourself in the position of dealing with a trustee or executor who refuses to communicate or is otherwise mishandling the estate, you are not at his or her mercy. You do have options. Whether your situation involves a misbehaving trustee or a misbehaving executor, you should consider filing a petition with the probate court to compel the executor or trustee to comply with the terms of the will or trust. If the court determines that the terms of the will or trust are not being carried out, it will enter an order requiring the trustee or executor to perform certain acts as set forth in the will or trust document within a specified time period. Failure of the trustee or executor to comply with the court’s order could result in his being held in contempt and may even necessitate his removal as trustee or executor.

What is the special duty of trust and responsibility?

Special duty of trust and responsibility. A trustee or executor is a “fiduciary” of the estate and the beneficiaries of the will or trust. A fiduciary is someone who has a special duty of trust and responsibility ...

What happens if a trustee fails to provide copies of a trust document?

If the probate judge finds that the trustee has failed and refused to provide copies of the trust document to the beneficiaries, he will order the trustee to produce the trust document within a specified period of time.

Why do I need to name a professional as executor?

Because of the unique and special duties of an executor or trustee, I usually advise my clients to consider naming a professional to act as executor or trustee rather than a child or other family member. This reduces the likelihood of drama and chaos if familial relationships breakdown after the client’s death. Although hiring a professional costs money, I believe it is a wise investment. After all, it’s better for the family to be united against the professional executor or trustee than to be at odds with one another.

What happens if a trustee fails to comply with a court order?

Failure of the trustee to comply with the court’s order could result in his being held in contempt or even removed as trustee. Another option for anyone who is dealing with a trustee or executor who is not properly handling the estate is to seek his or her removal.

What are the legal grounds for removing a trustee?

Legal grounds to remove a trustee may include: Self-dealing or conflict of interest, such as a trustee pur chasing assets from the trust for their own benefit, especially if the purchase is for less than fair market value. Inability to cooperate with the other trustees or to get along with the beneficiaries.

What happens if a co-trustee is still alive?

If the trustor is still alive, the trustees should express the problem to the trustor and ask that the other trustee be removed.

What is the name of the person who creates a trust?

The person who creates a trust is called a trustor, grantor, or settlor. If the trustor and the beneficiaries of a trust are members of the same family, it is known as a family trust, ...

What is self-dealing in a trust?

Self-dealing or conflict of interest, such as a trustee purchasing assets from the trust for their own benefit , especially if the purchase is for less than fair market value. Inability to cooperate with the other trustees or to get along with the beneficiaries.

How is a family trust set up?

A family trust is set up by a legal document often known as a trust agreement, which usually designates an initial trustee or two or more initial co-trustees. The document also designates one or more successor trustees in the event the initial trustees can no longer serve, such as in cases of resignation, death, or removal.

What is trustee's fiduciary duty?

State law also provides guidelines about a trustee's duties and responsibilities, which involve what is known as the trustee's fiduciary duty, or the obligation to follow the terms of the trust agreement and to act in good faith and in the best interests of the beneficiaries.

What should a trust agreement state?

A trust agreement should state the circumstances under which a trustee may be removed by the trustor.

3 attorney answers

Have your Attorney submit a Motion to Compel a Full Fiduciary Accounting before the Probate Court. Have the Motion include a request to REPLACE the Trustee and include an allegation of Breach of Fiduciary Duty. See 'Find-A-Lawyer at the top of this page.

Michael Leo Potter

This is too complicated to handle on your own. From your description, it sounds like financial elder abuse is occurring - but to get a court to act on that will require gathering a lot of proof and presenting it in a coherent way together with the applicable law.

Gregory Andrew Broiles

Try and find a legal clinic one may be associated with one of the local law schools. The california Superior Court system has a website that will have all of the judicial counsel forms. It is still a very complicated process and you will need assistance.

How to remove a trustee from a trust?

If the trust document is silent on the removal of a Trustee or requires court intervention to remove a Trustee, a party must petition the Surrogate’s Court for removal. To petition the Surrogate’s Court for removal of a Trustee, you must have legal standing. Typically, co-trustees and beneficiaries of the trust have legal standing. The court will remove a Trustee if the bad acts are proven. However, it is often an expensive and lengthy process that involves the exercise of discretion by a court generally hesitant to remove a chosen Trustee. The court is under no obligation to remove the Trustee.

Is it easy to remove a trustee?

Removing a Trustee is not easy. Removal of a Trustee takes more than a disagreement or general mistrust of the fiduciary to have him or her removed. General unresponsiveness is not a ground, on its own, for removal.

Can a trustee be removed?

Most of the time issues with Trustees are not so straightforward. Unresponsiveness is certainly a problem for the beneficiary, but not enough on its own to warrant removal by the court. Courts are generally hesitant to remove Trustees since removal is essentially a judicial nullification of the trustmaker’s choice. Courts take the position that removal of a Trustee is a drastic remedy and not every breach of duty rises to the level necessary to warrant removal.