Serving as a Trustee is often a long-term commitment requiring diligence and adherence to strict fiduciary duties. Receiving a Petition for Removal filed by a beneficiary or co-trustee can feel like a personal attack and threatens your ability to carry out the trust creator’s wishes. While concerning, it’s crucial to respond strategically and defend your position effectively within the California Probate Court system.
If you are facing removal proceedings, here’s what you need to understand:
- Understand the Allegations and Grounds
Carefully review the petition. What specific reasons (Grounds for Removal) are being alleged? Under Probate Code § 15642, common grounds include:
- Serious Breach of Trust (e.g., misappropriation, self-dealing, gross negligence)
- Unfitness to serve (e.g., legal incapacity, insolvency, felony conviction)
- Failure or refusal to act according to the trust terms
- Hostility or lack of cooperation with co-trustees that impairs administration
- Charging excessive compensation
- Other “good cause”
Understanding the specific claims is the first step in building your defense.
- Address Any Request for Immediate Suspension
Often, a removal petition is accompanied by a request for immediate Suspension of Trustee powers pending the final hearing. This requires swift action. You must present arguments to the court why suspension is unnecessary and potentially harmful to the trust administration, emphasizing your ability to continue fulfilling your duties responsibly while the litigation proceeds.
- Develop Your Defense Strategy
Work closely with experienced trust litigation counsel. Your defense might involve:
- Refuting factual allegations: Providing evidence (documents, testimony) to disprove the claims made in the petition.
- Justifying actions: Explaining why decisions were made and demonstrating they were within your trustee powers, complied with the standard of care, and were made in good faith based on information available at the time.
- Contextualizing issues: Showing that minor errors or disagreements do not rise to the level of a serious breach warranting removal.
- Demonstrating proper administration: Providing clear accountings and records showing prudent management can counter claims of neglect or misconduct.
- Addressing conflicts: If conflicts exist, showing they don’t impair administration or proposing solutions.
- The Importance of Prior Conduct
Your history as trustee matters. Consistent adherence to fiduciary duties, transparent communication with beneficiaries, timely accountings, and prudent asset management provide a strong foundation to defend against removal attempts, especially those based on misunderstandings or personality conflicts rather than actual misconduct.
- Potential Consequences
If the court grants removal, you will be ordered to cease all trustee activities, provide a final accounting, and transfer trust assets to a successor trustee. Importantly, the court might also consider a surcharge action, seeking to hold you personally liable for any financial damages caused by a proven breach of trust.
Serving as a Trustee is often a long-term commitment requiring diligence and adherence to strict fiduciary duties. Receiving a Petition for Removal filed by a beneficiary or co-trustee can feel like a personal attack and threatens your ability to carry out the trust creator’s wishes. While concerning, it’s crucial to respond strategically and defend your position effectively within the California Probate Court system.
If you are facing removal proceedings, here’s what you need to understand:
- Understand the Allegations and Grounds
Carefully review the petition. What specific reasons (Grounds for Removal) are being alleged? Under Probate Code § 15642, common grounds include:
- Serious Breach of Trust (e.g., misappropriation, self-dealing, gross negligence)
- Unfitness to serve (e.g., legal incapacity, insolvency, felony conviction)
- Failure or refusal to act according to the trust terms
- Hostility or lack of cooperation with co-trustees that impairs administration
- Charging excessive compensation
- Other “good cause”
Understanding the specific claims is the first step in building your defense.
- Address Any Request for Immediate Suspension
Often, a removal petition is accompanied by a request for immediate Suspension of Trustee powers pending the final hearing. This requires swift action. You must present arguments to the court why suspension is unnecessary and potentially harmful to the trust administration, emphasizing your ability to continue fulfilling your duties responsibly while the litigation proceeds.
- Develop Your Defense Strategy
Work closely with experienced trust litigation counsel. Your defense might involve:
- Refuting factual allegations: Providing evidence (documents, testimony) to disprove the claims made in the petition.
- Justifying actions: Explaining why decisions were made and demonstrating they were within your trustee powers, complied with the standard of care, and were made in good faith based on information available at the time.
- Contextualizing issues: Showing that minor errors or disagreements do not rise to the level of a serious breach warranting removal.
- Demonstrating proper administration: Providing clear accountings and records showing prudent management can counter claims of neglect or misconduct.
- Addressing conflicts: If conflicts exist, showing they don’t impair administration or proposing solutions.
- The Importance of Prior Conduct
Your history as trustee matters. Consistent adherence to fiduciary duties, transparent communication with beneficiaries, timely accountings, and prudent asset management provide a strong foundation to defend against removal attempts, especially those based on misunderstandings or personality conflicts rather than actual misconduct.
- Potential Consequences
If the court grants removal, you will be ordered to cease all trustee activities, provide a final accounting, and transfer trust assets to a successor trustee. Importantly, the court might also consider a surcharge action, seeking to hold you personally liable for any financial damages caused by a proven breach of trust.
Legal Counsel is Essential
Defending against a removal petition is complex legal work. You need an attorney who understands California trust law, probate procedure, and effective litigation strategies. Burrey Law Group represents trustees facing removal actions, providing assertive defense focused on protecting your reputation and ability to serve, while ensuring the trust’s best interests are paramount.
If you have been served with a Petition for Removal, contact Burrey Law Group immediately for a confidential consultation to discuss your defense.
Defending against a removal petition is complex legal work. You need an attorney who understands California trust law, probate procedure, and effective litigation strategies. Burrey Law Group represents trustees facing removal actions, providing assertive defense focused on protecting your reputation and ability to serve, while ensuring the trust’s best interests are paramount.
If you have been served with a Petition for Removal, contact Burrey Law Group immediately for a confidential consultation to discuss your defense.
Disclaimer: The information in this article is for general informational purposes only and not legal advice. Consult with a qualified attorney for advice regarding your specific situation.