Legal Question in Wills and Trusts in California

Standing in California Probate Court

Do I have standing in Probate Court to dispute my property co-owner's trust and trustee?

My relationship is TIC 50% co-owner of residential rental property with my aunt/uncle's trust as TIC 50% co-owner.

I refer to California Probate Code section 48 definition of "interested party" includes ,,, "any other person having a property right in or claim against a trust estate" .

Does my co-ownership of property qualify as "any other person having a property right in or claim against a trust estate" ?

I intend to file Petition to Remove Trustee in Probate Court due to my co-owner trustee's mismanagement of property, unlawful co-mingling personal assets, and consequential financial losses to both me and co-owners.

Asked on 2/10/22, 10:51 am

1 Answer from Attorneys

You do not have a property interest in the trust estate's half, only your half. You also do not seem to have a claim against the trust estate, but rather the trustee personally. To be an interested person in probate court you must basically be a beneficiary of the estate or a creditor of the estate. Otherwise you have to proceed against the trust and/or the trustee in regular civil court based on whatever causes of action you have against them. Even if you did have a claim against the trust estate, you would not have standing to have the trustee removed. That standing belongs only to the settlor of the trust and the beneficiaries. You need to file a regular lawsuit against the trustee for whatever losses he has caused you by his misconduct.

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Answered on 2/11/22, 8:08 am

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