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Should you remove your trustee?

On Behalf of | Jun 19, 2023 | Estate Litigation

California requires that you appoint a trustee to manage a trust. This is to make sure that a responsible individual oversees the trust should you pass away or become incapacitated. You may not always feel that you have made the right choice in this matter. Should this become an issue, you can weigh the odds on whether or not to remove them.

Why do people remove their trustee?

Estate litigation is full of many possible points of contention. One is the possibility of a serious dispute between you and your trustee. This can occur for many reasons. Some of the most common include:

  • Conflict between the co-trustees you have appointed
  • Failure to comply with the terms you have set
  • Lack of cooperation with other vital parties
  • Neglecting or mismanaging assets
  • Misappropriation of funds
  • Hostile attitude toward the beneficiaries
  • Breach of fiduciary trust
  • Conflict of interest

How can you remove a trustee

There are many factors to consider when deciding whether to pursue litigation on behalf of your trust. You can start by petitioning the court to have your trustee removed.

Remember that the court will need to be presented with solid evidence. You must convince a judge that the trustee you appointed has committed an offense that requires this step.

Presenting the court with the proper evidence will necessitate several steps. These can include:

  • Making an official deposition
  • Calling witnesses
  • Conducting interrogations
  • Interviewing witnesses
  • Creating subpoenas to obtain important documents

Once you have gathered your evidence, you must then present it in accordance with the standard rules of evidence. After you have done so, your entire case will be subject to the objections raised by the current trustee and their representatives.

The burden of proof will be on you the entire time. This course of action should not be undertaken unless your concerns are truly serious.