Hinshaw Estate Planning Blog

Wednesday, August 24, 2016

Suing the Trustee of a Trust

While most trustees work diligently to carry out their tasks and treat all beneficiaries fairly, this is not always the case. Sometimes, a trustee acts in a way that shows a bias towards one or more beneficiaries. When this happens, it may be in the best interest of the beneficiary affected to consult with an experienced trust litigation attorney. In some instances it may be wise to bring an action to remove the trustee.

The following are five helpful facts about lawsuits brought against trustees:

  1. Trustees can be sued both in a personal capacity and as the trustee of a trust.
  2. An trustee can be sued personally for illegal or improper administration of the trust.
  3. Minors can sue trustees, provided an adult files the lawsuit on their behalf.
  4. Common causes of action for lawsuits against trustees include fraud, self-interest, conflict of interest, and embezzlement.
  5. Lawsuits against trustees are typically brought in the California probate court.

Attempting to remove a trustee or take other action against him or her without the guidance of an experienced trust litigation attorney could be costly. Each day that a biased trustee remains in control of the estate assets, the greater the chances of wrongdoing.

Hinshaw Estate Planning is a practice group of Hinshaw, Marsh, Still & Hinshaw and assists clients in matters related to Estate Planning, Asset Protection, Planning for Children, Inheritance Protection, and Estate & Trust Litigation in the areas of Saratoga, San Jose, Los Gatos, Monte Sereno, Campbell, Santa Clara, Sunnyvale, Cupertino, Los Altos, Los Altos Hills, Mountain View, and Palo Alto within Santa Clara County, the areas of Menlo Park, Woodside, Atherton, Portola Valley, San Carlos, and Redwood City within San Mateo County, and the Greater San Francisco Bay Area.

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