Things to Know When You Want to Remove a Trustee in Los Angeles California
METHODS FOR REMOVING A TRUSTEE IN CALIFORNIA:
By checking the trust document first.
The Court on its own motion may remove a trustee;
By a Petition by a settlor, co-trustee or beneficiary under Probate Code 17200
WHO CAN REMOVE, OR ASK TO REMOVE A TRUSTEE IN LOS ANGELES CALIFORNIA?
A. The Court;
C. Beneficiary by Petition.
WHAT ARE GROUNDS OR REASONS TO REMOVE A TRUSTEE, AND TO REPLACE HIM/HER?
(b) The grounds for removal of a trustee by the court include the following:
(1) Where the trustee has committed a breach of the trust.
(2) Where the trustee is insolvent or otherwise unfit to administer the trust.
(3) Where hostility or lack of cooperation among cotrustees impairs the administration of the trust.
(4) Where the trustee fails or declines to act.
(5) Where the trustee’s compensation is excessive under the circumstances.
(6) Where the sole trustee is a person described in subdivision (a) of Section 21350 or subdivision (a) of Section 21380, unless the court finds that it is consistent with the intent of the settlor.
(A) The settlor is related by blood or marriage to, or is a cohabitant with, any one or more of the trustees, the person who drafted or transcribed the instrument, or the person who caused the instrument to be transcribed.
(B) The instrument is reviewed by an independent attorney who (1) counsels the settlor about the nature of his or her intended trustee designation and (2) signs and delivers to the settlor and the designated trustee a certificate in substantially the following form:
“CERTIFICATE OF INDEPENDENT REVIEW
I, _____ (attorney’s name) _____ , have reviewed
_____ (name of instrument) _____ and have counseled my client,
_____ (name of client) _____ , fully and privately on the nature and
legal effect of the designation as trustee of _____ (name of trustee) _____
contained in that instrument. I am so disassociated from the interest of the person named as trustee as to be in a position to advise my client impartially and confidentially as to the consequences of the designation. On the basis of this counsel, I conclude that the designation of a person who would otherwise be subject to removal under paragraph (6) of subdivision (b) of Section 15642 of the Probate Code is clearly the settlor’s intent and thatintent is not the product of fraud, menace, duress, or undue influence.
_____ (Name of Attorney) _____ (Date) ”
This independent review and certification may occur either before or after the instrument has been executed, and if it occurs after the date of execution, the named trustee shall not be subject to removal under this paragraph. Any attorney whose written engagement signed by the client is expressly limited to the preparation of a certificate under this subdivision, including the prior counseling, shall not be considered to otherwise represent the client.
(C) After full disclosure of the relationships of the persons involved, the instrument is approved pursuant to an order under Article 10 (commencing with Section 2580) of Chapter 6 of Part 4 of Division 4.
(7) If the trustee is substantially unable to manage the trust’s financial resources or is otherwise substantially unable to execute properly the duties of the office. When the trustee holds the power to revoke the trust, substantial inability to manage the trust’s financial resources or otherwise execute properly the duties of the office may not be proved solely by isolated incidents of negligence or improvidence.
(8) If the trustee is substantially unable to resist fraud or undue influence. When the trustee holds the power to revoke the trust, substantial inability to resist fraud or undue influence may not be proved solely by isolated incidents of negligence or improvidence.
(9) For other good cause.
ATTORNEYS FEES AND COSTS MAY BE AWARDED IN TRUSTEE REMOVAL ACTIONS IN CALIFORNIA, BUT ALSO MAY BE AWARDED, IF DONE IN BAD FAITH:
(c) If, pursuant to paragraph (6) of subdivision (b), the court finds that the designation of the trustee was not consistent with the intent of the settlor or was the product of fraud or undue influence, the person being removed as trustee shall bear all costs of the proceeding, including reasonable attorney’s fees.
(d) If the court finds that the petition for removal of the trustee was filed in bad faith and that removal would be contrary to the settlor’s intent, the court may order that the person or persons seeking the removal of the trustee bear all or any part of the costs of the proceeding, including reasonable attorney’s fees.
(e) If it appears to the court that trust property or the interests of a beneficiary may suffer loss or injury pending a decision on a petition for removal of a trustee and any appellate review, the court may, on its own motion or on petition of a cotrustee or beneficiary, compel the trustee whose removal is sought to surrender trust property to a cotrustee or to a receiver or temporary trustee. The court may also suspend the powers of the trustee to the extent the court deems necessary.
(f) For purposes of this section, the term “related by blood or marriage” shall include persons within the seventh degree.
When you are looking to remove a trustee, you should carefully consider the reasons for removal, and the risks of attorneys fees and costs in filing a petition to remove a trustee. Mina Sirkin, a Board Certified Specialist Trust Attorney in Los Angeles, can assist you in evaluating your case, and guide you in trust litigation, including a petition to remove a trustee. Call 818-340-4479 or Email: Info@SirkinLaw.com.
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