Legal Question in Wills and Trusts in California

Can Trustee be held Responsable?

What can we do? Our trustee is over paying for work on our home that is not being done or done wrong and paid for appliances that we have not received. She is paying herself from the trust more than we get from the trust and is also paying others to do what she herself is being paid to do... all from the trust! We have tried twice going to a lawyer only to have bills we cannot afford, our income from the trust lowered and our trustee is paying herself even more. There must be a way to make trustee accountable for their actions without costing a fortune.


Asked on 12/10/04, 3:00 pm

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Can Trustee be held Responsable?

If there is mis-management; you have recourse, you should be able to find an attorney you can afford. Call me directly at (619) 222-3504.

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Answered on 12/11/04, 7:41 pm
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Can Trustee be held Responsable?

If you believe the actions of the trustee are improper, your only recourse is to petition the court for an accounting,to have the trustee removed and/or for breach of fiduciary duty. If you are not satisfied with your attorney, contact the county bar association lawyer referral service to find another attorney for a second opinion. The initial consultation usually requires only a small administrative fee.

SEE:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=15001-16000&file=15640-15645

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=15001-16000&file=15680-15688

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=15001-16000&file=16000-16015

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16060-16064

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16420-16421

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16440-16442

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=17001-18000&file=17200-17211

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Answered on 12/11/04, 12:20 pm


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