One of the biggest benefits of creating a revocable, living Trust is that it allows your successor Trustee to manage your affairs if you lose capacity.  Sounds good, but who decides when your capacity is kaput?

That will be the question for the Court to decide on Monday, July 7th when a Los Angeles

Partner Keith A. Davidson discusses the difficult path of Trustee removal in California Trust cases.  While not impossible, removing a Trustee can be harder than you think.

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How do you get a private trustee to take action?  A parent dies, one or more of the kids take over as trustee, and nothing happens.  The assets of the Trust aren’t gathered together (called marshaling assets), notice is not given to the beneficiaries (as required under P.C. section 16061.7), beneficiaries are kept in the

How do you remove a California Trustee in three “easy” steps?  In truth, the steps aren’t so easy.  But Trustee removal is not impossible either.  It just takes time (a lot of time), patience, money, and emotional fortitude.  (See our What to Expect series for a more detailed discussion of the litigation process).

The legal

Two things will get a Trustee removed quickly: death and stealing.  By stealing I mean really stealing—like tens or even hundreds of thousands of dollars missing or misappropriated. 

But what about Trustees who violate their fiduciary duties but haven’t (1) died, or (2) stolen large sums of money?  Those Trustees can be harder to remove