How to Remove an Executor or Trustee for California Probate
Many people name family members to be the executor or trustee of their estate after they have passed away. Others may hire a professional to perform the duties of the administration of the estate. With either type of trustee, the beneficiaries may sometimes find themselves at odds with the management of the estate. If possible, try to resolve these issues peaceably. If the trustee or executor may have committed fraud or other mismanagement, however, you may need to take them back to probate court to remove them from their position.
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Things You'll Need
- Proof of mismanagement
- Petition for accounting
- Petition to remove the trustee or executor
- Trust document or will
Instructions
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Gather documents or other items that prove mismanagement of an estate by the executor or trustee. California law allows for a trustee or executor's removal if you can prove they have committed fraud, received excessive payments, embezzled, wasted the estate's assets or neglected the estate. Additionally, the courts may remove this person if you can prove that he is unfit to perform his duties, or if co-trustees fail to cooperate with each other and this interferes with the trust.
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Hire an attorney who specializes in estate planning and probate litigation. Provide him with all the details you have that could prove mismanagement. Include specific acts by the executor or trustee and dates.
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Have your attorney file a petition for accounting. If you suspect that the trustee or executor is embezzling or otherwise misusing an estate's funds, the probate court may order that person to provide complete details of all assets that have left or entered into the estate. These documents could provide grounds for removal.
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Contact all beneficiaries of the estate. By California law, they are entitled to receive a copy of the trust document. If the trustee fails to provide them with this document, the court could order him to do so. Should he continue to refuse to provide the document, the court may remove him as trustee.
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Have your attorney file a petition with the California probate court to remove the trustee or executor, if you can prove mismanagement and cannot have this person removed in other ways. Expect to appear in probate court with your lawyer to answer questions about the estate and the mismanagement.
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Tips & Warnings
Examine the trust document or will. Sometimes, the approved reasons for which a trustee may be removed are explained in the document.
