Legal Question in Legal Ethics in California

I nominated a professional fidicuary to help with some accounting and taxes and final tax return when my mother died and he got full authority without me knowing for a long time since then he has evicted my family out of our house sold it and wont give us the money he wont answer my calls what can I do to regain control and have him removed

Asked on 6/28/18, 6:48 pm

1 Answer from Attorneys

Charles Perry Law Offices of Charles R. Perry

You would need to file a petition with the Court for a removal of the trustee. This would typically require proof of a breach of fiduciary duty on the trustee's part, such as self-dealing. As a beneficiary, moreover, you are entitled to information about the trust in a reasonable manner.

So that you know whether you have solid grounds for the trustee's removal, you should consult with an an attorney that handles disputed trust and estate matters. You are otherwise at risk of filing a petition that will go nowhere, and maybe even not raise a basis for removal that you simply didn't know existed.

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Answered on 6/29/18, 7:08 am

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