Step into the ring: How Probate Code Section 17200 is Your gateway to the Probate Court

Attorney Stewart Albertson talks about suing a trustee in California if they have breached the terms of a trust.

Transcript

[Music] Hi this is Stuart Albertson with Albertson and Davidson and I want to talk to you about how do you sue a trustee in California so if there's a trustee of your trust and the trustee has breached their terms of the trust just in other words not following the terms of the trust not making distributions to you as a rightful beneficiary what you can do is you can file a petition in the probate court under Probate Code section 17200 probate Co 17200 is the Gateway to the probate court and it gives a litany of issues that you can bring to the probate court and ask it to help you as a beneficiary of the trust one of those things is to surcharge a trustee who's done in appropriate actions to remove a trustee who's been inappropriate in the way that they're administering the trust so ultimately the short answer to this question is if you have a trustee who's not following the terms of the trust is being abusive to you as a beneficiary is not standing up for your interest in the trust is not making the Trust property productive is refusing to disclose information to you any of the BAA of the above you should file a petition with the probate court under Probate Code section 17200 and ask the probate court to step in and either admonish the trustee remove the trustee order the trustee to follow the terms of the trust those are the things you can do to sue a trustee in California [Music] [Applause] you.