Tag: Probate Code Section 15642

And the Rocket’s Red Glare – Trustee Removal Petitions May Be Costly to Those Who Launch Them

Trustee removal petitions, like Centennial Fountains, are one of the more common fireworks in California trust litigation.  We’ve explored how such petitions are litigated in prior post and a podcast. In Bruno v. Hopkins (2022) 79 Cal.App.5th 801, the California Court of Appeal broke new ground by finding that a beneficiary who in bad faith … Continue Reading

“California Trustee Removal Litigation and Mediation” Podcast

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 … Continue Reading

Trustees Must Terminate California Trust if Terms Compel Distribution

Are six sibling co-trustees too many cooks in the kitchen? Many California trust disputes arise from disagreements among sibling co-trustees over how to administer Mom and Dad’s trust after the parents have passed. They all have a strong sense of what Mom and Dad wanted, but they don’t agree on what it was.  Thus, trust … Continue Reading

When Can You Remove a Problem Trustee?

In California trust administrations, the trustee is in the driver’s seat. The trustee marshals the assets, deals with creditors, and (except in the case of ongoing trusts) gets them distributed out to the beneficiaries in fractional shares per the terms of the trust. But what happens when the trustee favors himself as a beneficiary, disfavors … Continue Reading
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