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N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9082
Experience:  Since 1983
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Our parent's have passed away and they appointed their 3 children

Customer Question

Our parent's have passed away and they appointed their 3 children as equal trustees. One trustee has withdrawn funds from money accounts twice, the most recent $8,000 from an IRA account without the two other trustee's approval or knowledge. We live in California. Can we have a lawyer petition to court to have this trustee removed for violating the Trust?
Submitted: 1 year ago.
Category: Estate Law
Expert:  N Cal Attorney replied 1 year ago.
Thank you for your question.
The answer is Yes, the trustee breached the trust and violated his fiduciary duties, and can be removed by Court order, and can be ordered to reimburse the trust.
Probate Code 15642 states, in part:
"(a) A trustee may be removed in accordance with the trust
instrument, by the court on its own motion, or on petition of a
settlor, cotrustee, or beneficiary under Section 17200.
(b) The grounds for removal of a trustee by the court include the
following:
(1) Where the trustee has committed a breach of the trust."
via
http://leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20
You can get a free consultation from some of the trust attorneys listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/trusts/California
Please follow up on this with a local attorney.
I hope this information is helpful.

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