Legal Question in Wills and Trusts in California

What is the criteria that will get a judge to grant a petition to have a trustee removed for breach of fiduciary responsibilty, or what criteria needs to be met to have a petition for removal granted.?


Asked on 2/09/10, 2:21 pm

3 Answers from Attorneys

James Bame San Diego Law Office

If the evidence exists of waste of trust assets or mismanagement, then a petition may be granted. Contact me directly.

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Answered on 2/15/10, 10:47 am
Daniel Bakondi The Law Office of Daniel Bakondi

All the facts need to be looked at and used. As an attorney, I would highlight all the reasons for removal to the judge. I would want to know exactly what breaches occurred.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi

870 Market Street, Suite 1161

San Francisco CA 94102

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Answered on 2/15/10, 9:37 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

You will need to show that the trustee has breached his or her fiduciary duty. This can include many things, such as waste of assets, excessive delays, etc. You need to sit down with a lawyer to discuss the specifics.

Jon Reich

310.478.2541

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 2/18/10, 11:14 am


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