California trust disputes often involve allegations that trustees should be removed and suspended because they are acting improperly or have conflicts of interest.
Attorney Denise Chambliss, author of an informative article on trustee removal, spoke with me on Trust Me!, the podcast of the Trusts and Estates Section of the California Lawyers Association. Joining us was Retired Judge Marshall Whitley, who handled many a trust dispute as an Alameda County Superior Court judge and now works to resolve conflicts as a full time mediator with ADR Services.
In our half hour conversation, we discuss the factors that California probate judges consider when presented with a petition to remove or suspend a trustee, including strategic and practical considerations. We also spotlight mediation as an often used and useful alternative to litigation and trial.
The two recent California appellate cases mentioned in the podcast are Trolan v. Trolan and Breslin v. Breslin, and the key statute is California Probate Code section 15642. Denise’s article on Trolan, as it appeared in California Trusts and Estates Quarterly, is viewable here.
I thank Denise Chambliss and Judge Whitley for joining me and hope you enjoy the podcast. Please subscribe to Trust Me! to receive new podcast episodes as they are released.