When a relative enlists someone as a trustee to administer their estate on behalf of you and your family, they hope their choice works out.
Sometimes, things do not work out, and you and the other beneficiaries may want to remove the trustee. Here are a few of the reasons for which California law will consider removing a trustee:
- Breaking the trust rules: Each trust is set up with regulations. The job of a trustee is to abide by these rules and administer the trust in the best interest of the beneficiaries.
- The trustee fails to act: If the trustee is not taking the actions that you consider they should or not taking the actions you ask them to, you may consider removing them.
- The trustee is unfit to administer the trust: Being a trustee requires a high level of financial responsibility. If the trustee cannot manage their own finances or has problems with drink, drunks or mental illness, you may consider them unfit to manage your trust.
- The trustee is using the trust for personal gains: The idea of the trust is to make money for the beneficiaries, not the trustee.
- The trustee does not work well with other trustees: If there are multiple trustees, and they cannot work together, this could affect the smooth operation of your trust, and one of them may have to go.
Courts need a very good reason to remove a trustee. If you wish to remove a trustee, you will need legal help to present your case.