Q: Trustee won’t make formal split of a/b trust making “b” irrevocable, can he be removed for failure to perform all duties? Father is trustee of a/b trust, won’t give accountings and hasn’t split the trust formally. Deeding and Fed. Tax ID # is non-existent. In the middle of having him compelled to account and removal of fees and costs. It’s been two and half years and no split but he has filed a surviving spouse affidavit. He has ignored all obligations as trustee. What will judge do when shown trustee has not performed duties to enforce terms of trust? He is also not maintaining trust property home that I live in. Is this enough bad fiduciary acts to warrant removal? I am remainder beneficiary, the only child and only beneficiary of B trust. He has given two faulty accountings that I have not accepted because no irrevocable trust appears to exist. I have council but still curious about removal chances.
Stewart’s answer: First, removing a trustee in California is difficult in most cases. And, even if you have the evidence, you have to go through filing a petition with the probate court to remove the trustee, sending written discovery to the trustee, compelling discovery responses where necessary, taking depositions, and ultimately preparing for trial. This will take anywhere from 6 months to 2 years. Almost for certain you’ll need to hire an attorney to help you with this type of litigation. Best of luck.