Replacing an Executor or Trustee in Los Angeles County
You can replace an executor or trustee in Los Angeles County for many reasons. Below is a list of how to and reasons to remove and replace an executor or trustee.
REASONS FOR REMOVING AN EXECUTOR OR TRUSTEE:
The executor or trustee has mismanaged the assets of the estate or trust. This means any loss to the trust or estate, or any personal profit by the executor or trustee.
The executor or trustee has not accounted after an order by the court.
The executor or trustee is fighting with the beneficiaries and has an adverse personal interest in the estate or trust.
The executor or trustee has died.
The executor or trustee has become ill and cannot handle the affairs of the estate or trust.
The executor or trustee has stolen money from the trust or estate.
The executor or trustee has personally profited from the estate or trust, unless the trust or will specifically allows for that.
HOW TO REMOVE AN EXECUTOR OR TRUSTEE?
Generally, if the issue is simply rendering an accounting, the beneficiary will formally request the accounting, and the executor or trustee within a reasonable amount of time (usually 60) days will account. If that does not occur, and a court orders the executor or trustee to account, and the executor or trustee does not comply, then there is good cause to remove the executor or trustee.
The existence of “good cause” depends on the language of the will or trust. It is commonly not permissible to remove an executor without good cause. A prolonged illness which renders an executor or trustee unable to act, is usually good cause, as is death. Theft and mismanagement are also good causes, but do require proof of those in court.
CAREFUL CONSIDERATIONS IN REMOVING AN EXECUTOR OR TRUSTEE:
If you are found not to have good cause to remove or replace a trustee, the court can deem that as an indirect attack against a will or trust, and deem it a contest, which can sometimes result in loss of a beneficiary’s rights, where there is a no contest clause. California courts can also assess attorney’s fees and costs, where the beneficiary has acted unreasonably in contesting an accounting.
WHEN TO HIRE US TO REPLACE AN EXECUTOR OR TRUSTEE:
If you find that your situation meets any of the reasons to remove or replace an executor or trustee in Los Angeles, call Mina Sirkin, Board Certified Specialist in Estate Planning, Probate and Trusts in Los Angeles County, California. Call: 818-340-4479 for appointments or email: Info@SirkinLaw.com. We can help in removing and replacing an executor, or trustee in Los Angeles County, Woodland Hills, Glendale, & Pasadena.
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