Sometimes a trust that was meant to simplify the distribution of assets after a death ends up causing frustration or conflict, especially when the Trustee and beneficiaries are not on the same page. As a beneficiary, you may find yourself questioning whether the Trustee is handling the trust appropriately. While some friction can be chalked up to misunderstandings or differences in expectations, there are also situations where a Trustee’s actions, or inaction, can justify intervention. If you are having problems with a Trustee in California, the Los Angeles attorneys at Schomer Estate & Wealth Advisors offer guidance for beneficiaries.
The Role of a Trustee in California Trust Administration
Every trust is created with a purpose, and that purpose hinges on the person or entity designated to carry it out: the Trustee. Appointed by the person who created the trust, referred to as the Settlor or Grantor, the Trustee assumes legal authority to manage the trust in accordance with its terms and in the best interests of the beneficiaries. The trust instrument typically provides clear instructions regarding how the trust should be administered, including when and how to distribute assets, manage investments, or provide for expenses.
In California, a Trustee is considered a fiduciary, which means they are held to a high standard of care and loyalty. Their responsibilities include maintaining accurate records, safeguarding trust property, and avoiding any conflicts of interest. Because a Trustee often exercises significant discretion, especially in the case of discretionary distributions, tensions may arise between the Trustee and beneficiaries.
When Issues with a Trustee Go Beyond Personality Conflicts
Minor disagreements are fairly common between Trustees and beneficiaries. A beneficiary might be frustrated if a discretionary distribution is denied or delayed, or if communication from the Trustee is infrequent. While these situations can be irritating, they do not always warrant legal action. So long as the Trustee is acting within the bounds of the trust and fulfilling their legal obligations, courts are unlikely to intervene.
In contrast, more serious problems may give rise to a valid reason to challenge the Trustee’s continued service. These may include financial mismanagement, self-dealing, failure to provide required information, or neglecting the trust altogether. In such cases, the harm to the trust and the interests of the beneficiaries may require more direct action.
Petitioning to Remove a Trustee in California
When a trust becomes irrevocable, either because the Settlor has died or has otherwise relinquished the right to amend it, the beneficiaries may need to turn to the court system to address Trustee misconduct. The California Probate Code provides specific grounds upon which a Trustee may be removed. A court may grant a petition to remove a Trustee if one or more of the following are proven:
- The Trustee has committed a serious breach of trust.
- There is a significant lack of cooperation between Co-Trustees, impairing the administration of the trust.
- The Trustee is unfit or unwilling to carry out the duties required, or has persistently failed to do so, thereby making removal in the best interests of the beneficiaries.
- There has been a fundamental change in circumstances, and keeping the current Trustee in place would conflict with the core purpose of the trust or hinder its proper administration.
Beneficiaries seeking the removal of a Trustee must typically file a petition with the probate court in the county where the trust is administered. The court will consider evidence presented by the parties and may evaluate witness testimony, financial records, and the conduct of the Trustee before issuing a ruling. If you are a beneficiary and suspect that the Trustee is acting inappropriately or is failing to meet the obligations set out in the trust, it is essential to consult with a skilled California administration attorney.
Can We Help You with California Trustee Problems for Beneficiaries?
For more information, please join us for an upcoming FREE seminar. If you would like assistance with navigating California Trustee problems for beneficiaries, contact the experienced Los Angeles estate planning attorneys at Schomer Estate & Wealth Advisors by calling (310) 337-7696 to schedule an appointment.
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