How to Handle Bad Trustees: Removal and Suspension

Trustee removal is one of the hardest areas to litigation in California Probate court. But if you have the right facts, then removal and suspension can be accomplished. In this video, partner Stewart Albertson discusses the idea of Trustee removal and suspension.

***Video Transcript***

Hi this is Stuart Albertson with Albertson & Davidson. And I want to talk to you about removing a California trustee.

I want to set expectations here because, generally speaking, it is very difficult to remove a California trustee. Courts are just reluctant to do it. They want to honor the intent of your mother or father, if they did appoint one of your other siblings as trustee. And so, generally speaking, you’re not going to get suspension or removal.

However, there is an exception to that. And that is, if you have any evidence that the trustee has taken trust assets and used them for themselves. Say gone on an expensive vacation somewhere where they’re using trust assets to fund that. If they’re living in the trust property. This is your parents’ home. If they’re living there rent-free for month after month after month. In those cases, courts are much more open to suspending the trustee so that we can have a trial in the future to determine if the trustee did, indeed, did, in fact, breach the trust terms by using money for themselves.

So keep in mind that, generally speaking, very difficult under California law, to suspend or remove a trustee. But where you could show evidence that they are abusing money, they’re using money for themselves when it’s meant for the entire family, there, the court’s going to be more receptive to your request to remove or suspend them.