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Hi, this is Stewart Albertson with Albertson & 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 the terms of the trust; 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 Code 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 inappropriate actions, to remove a trustee who’s been inappropriate in the way that they’re administrating 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 above, you should file a petition with the Probate Code 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.