Los Angeles Trustee Removal and Breach of Fiduciary Duty Attorney
Holding a Trustee Accountable to the Beneficiaries
A trustee owes strict legal duties to the beneficiaries of a trust, including the duty of loyalty, the duty to administer the trust prudently, the duty to keep beneficiaries reasonably informed, and the duty to treat multiple beneficiaries impartially. When a trustee ignores these obligations, whether through mismanagement, self-dealing, or simple neglect, California law gives beneficiaries the right to petition the probate court for relief.
The Law Office of Mitchell A. Port represents both beneficiaries seeking to hold a trustee accountable and trustees who need to defend their administration of a trust.
Warning Signs of a Breach
Common red flags include a trustee who refuses to provide an accounting or account statements, commingles trust funds with personal accounts, makes investments that appear to benefit the trustee personally rather than the beneficiaries, distributes trust assets unevenly without a legitimate basis in the trust document, or simply goes silent and stops communicating with beneficiaries. Delay itself can be a problem: a trustee who takes years to administer a straightforward trust may be violating the duty to administer the trust without undue delay.
Grounds for Removing a Trustee
Under Probate Code section 15642, a court may remove a trustee for reasons including a breach of trust, unfitness or inability to properly execute the trustee's duties, hostility between the trustee and beneficiaries that impairs administration, or failure to properly account. Removal is a significant remedy, and courts weigh the trust's stated intentions along with the severity and pattern of the trustee's conduct before granting it.
Available Remedies Beyond Removal
Removal is not always the only, or best, remedy. Beneficiaries can petition the court to compel a formal accounting, surcharge the trustee personally for losses caused by their misconduct, suspend the trustee's powers during an investigation, or instruct the trustee on a specific course of action going forward. We help beneficiaries choose the remedy that best fits the situation, whether the goal is to preserve trust assets quickly or to build a full record for a later surcharge claim.
Frequently Asked Questions
Can a beneficiary demand a trust accounting at any time?
Beneficiaries are generally entitled to a formal accounting at least annually, upon a change of trustee, and upon reasonable request, under Probate Code section 16062. A trustee who refuses without valid justification can be compelled to account by court order.
What is a surcharge in the context of trust litigation?
A surcharge is a court order requiring a trustee to personally repay the trust for losses caused by their breach of duty, whether through mismanagement, self-dealing, or negligence. It is one of the primary financial remedies available to beneficiaries harmed by a trustee's misconduct.
Call (310) 526-3433 to discuss a trustee dispute with a Los Angeles trust litigation attorney at the Law Office of Mitchell A. Port.
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"I highly recommend Mitchell A. Port"Living outside California, I needed an attorney from the Los Angeles area to handle my difficult LA Probate case. I went online and fortunately found a very experienced Probate Attorney in LA named Mitchell A. Port. Mitchell took my Probate case and did an excellent job helping me navigate through the intricacies of the LA Court Probate system. He quickly responded to any questions I had and was extremely knowledgeable about the steps required to complete the entire Los Angeles County Probate process. I highly recommend Mitchell A. Port to handle any of your future needs concerning the LA Court Probate system.- Randall
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"Knowledgeable, Personable and Results-oriented"Mitch is a great attorney - knowledgeable, personable and results-oriented. He helped me work through a challenging probate issue and his expertise was invaluable in terms of moving the case forward. Two thumbs up and five stars from me.- Jason
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"I found Mitch online and it was the best click I ever made"When I needed a probate attorney I found Mitch online and it was the best click I ever made. Thanks, Mitch- Norman S.
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"My brother and I have been so fortunate that my father chose Mitch Port to create his Trust!"My brother and I have been so fortunate that my father chose Mitch Port to create his Trust!- Cathy W
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"Mitch is compassionate, extremely knowledgeable and professional"
Mitch is compassionate, extremely knowledgeable and professional
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"Mitchell met my highest expectations."Mitchell met my highest expectations.- LaTrisha M
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"Mitch was awesome throughout this entire process and made this a stressless process."Mitch was awesome throughout this entire process and made this a stressless process.- M. C.
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"Probate cases can be difficult but attorney Mitchell Port makes them easier to understand."Probate cases can be difficult but attorney Mitchell Port makes them easier to understand.- Glendene W.
