California trust law, when can an executor be removed from the estate

Asked almost 6 years ago - Fountain Valley, CA

what are some reasons to have an exectutor removed from the estate

Additional information

I am a beneficiary of a trust . I can not get the trustee to return my calls nor have a gotten a accounting statement. The list of assets are incorrect also. My Uncle has been deceaed for over a year now and things still arent settled. I am told that the trustee is too ill to talk with anyone so her office manger is handling the trust right now. There is a clause that states if the trustee can not fullfill her duties that the next person in line is to take over. Would her absence and lack of communication be a valid reason to remove her?

Attorney answers (3)

  1. Douglas Anthony Dube

    Pro

    Contributor Level 11

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    Answered . As Mr. Stone explained, there is a difference between a trustee of a trust and an executor of an estate. The trust document or the will may contain terms that supplant or supplement Probate law. So if you're wanting to remove a trustee, the trust document will also have to be reviewed, and to remove an executor the will must be reviewed. (If there is an executor of an estate without a will (intestacy) then the Probate Code alone applies.)

    It's imperative that you consult with an attorney, because a trust or a will often contains a "no contest" clause which, if violated by a beneficiary or heir, could cause him or her to lose all rights to take under the trust or will. A competent attorney will no how to avoid that dire consequence. (We take cases all over southern California, including Orange County - feel free to contact me.)

    The information in and this communication are not intended to create an attorney-client relationship between you and me or my law firm. The information in this communication is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon the information in this communication. You understand that this communication is not confidential and is not subject to attorney-client privilege.

  2. Thomas Glenn Martin

    Pro

    Contributor Level 11

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    Answered . Please describe what's going on and we can advise you if there is a basis for removal of the trustee or executor.

  3. Peter Robert Stone

    Contributor Level 15

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    Lawyer agrees

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    Answered . The person in charge of a trust, is usually the trustee. The executor is in charge of the will. To remove them you would have to show breach of duty, conflict of interest, or undue influence.

    Talk to a local attorney immediately to protect your rights.

    PETER :)

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