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What Happens If a Trustee Refuses to Give a Beneficiary Money?

The person who sets up a trust appoints one or more trustees to manage the trust assets for the benefit of the trust’s beneficiaries. According to California Probate Code §16000, trustees have a legal obligation to follow the instructions outlined in the trust instrument when administering the trust. As part of this duty, trustees must …

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Who Can Sue a Trustee?

A trustee has a legal, fiduciary duty to act prudently in managing the trust solely in the best interests of its beneficiaries. If a trustee violates this fiduciary duty, the beneficiaries can pursue legal action to remove the trustee and, in some situations, sue a trustee for their wrongdoing.  Some common reasons trustees can be …

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The Guide to Trustee Succession and Resignation

Trustee succession is the process by which a new trustee takes over the role of managing a trust. Trustee succession may occur when a trustee passes away, becomes incapacitated, resigns, declines, or is removed from the position. What is trustee succession? The term “trustee succession” refers to the process of having a new “successor” trustee …

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The Trustee’s Guide to Conflict of Interest Claims

A conflict of interest for a trustee occurs when the trustee’s personal interests potentially conflict with their responsibilities to the trust beneficiaries.  What qualifies as a conflict of interest for a trustee? Trustees owe what is called a “fiduciary duty” to the trust and its beneficiaries. This means that the trustee must manage the trust …

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