As Trustee, you have a duty to defend the Trust in actions and lawsuits filed against it. This duty is the flip side of a Trustee’s duty to enforce claims, where a Trustee must sue to enforce a debt owed to the Trust.
The duty to defend requires the Trustee to take all reasonable
What do you do if you have a California Trust being administered by an out-of-state Trustee and you need to file suit to enforce your rights? In many cases, you may be able to sue the Trustee here in California, but it depends on the underlying facts. In this video created by Albertson & Davidson
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