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Trustee Removal Process Guide
Summary
Removing a missing trustee in california involves filing a petition in probate court. Gather evidence of breach of duty, use forms like de-107, de-120, and de-120(p), and serve notice to interested parties. If the trustee is missing, request court approval for alternate service methods. Consider seeking financial compensation for damages. Consult local probate court for specific requirements.Full Conversation
I think it would fall under probate litigation.
Probate litigation in California can involve various issues such as disputes over wills, trusts, or estates. Could you share more details about the specific issue you're facing? For example, is it related to a will contest, trust dispute, or something else?
Trust dispute between a beneficiary and a trustee.
Trust disputes can be complex. Here are some general points relevant to California:
- Beneficiaries can challenge a trustee's decisions if they breach fiduciary duties.
- Trustees must act in the best interest of beneficiaries.
- Legal remedies include removing a trustee or seeking damages.
Is there a specific action by the trustee that concerns you?
- Beneficiaries can challenge a trustee's decisions if they breach fiduciary duties.
- Trustees must act in the best interest of beneficiaries.
- Legal remedies include removing a trustee or seeking damages.
Is there a specific action by the trustee that concerns you?
I need to get help removing a trustee that's been MIA over 5 years. He's breached his duties and let trust property depreciate to a point of it being unlivable
Case Rating: *
It's a serious issue when a trustee is missing and has breached fiduciary duties, especially for over five years. Would you like to be connected to local lawyers who can better assist you with your case? If so, could you provide more information about the trust property and any other relevant details?
It's a serious issue when a trustee is missing and has breached fiduciary duties, especially for over five years. Would you like to be connected to local lawyers who can better assist you with your case? If so, could you provide more information about the trust property and any other relevant details?
I'm interested in filling in court pro per because the person is elderly and in a very small budget
Case Rating: *
Handling a trust dispute pro per (representing oneself) can be challenging, especially when dealing with a missing trustee. In California, you may file a petition to remove a trustee in probate court. Consider these steps:
- Gather evidence of the trustee's breach of duty.
- Draft and file a petition to remove the trustee.
- Attend court hearings and present your case.
Would you like more guidance on the process, or do you have specific questions?
Handling a trust dispute pro per (representing oneself) can be challenging, especially when dealing with a missing trustee. In California, you may file a petition to remove a trustee in probate court. Consider these steps:
- Gather evidence of the trustee's breach of duty.
- Draft and file a petition to remove the trustee.
- Attend court hearings and present your case.
Would you like more guidance on the process, or do you have specific questions?
More guidance plz
Case Rating: *
Filing a petition to remove a trustee can be a complex process, especially when representing oneself. Here are some general steps you might consider:
*. Gather Evidence: Collect all relevant documents showing the trustee's breach, such as financial records or property appraisals.
*. Consult Court Forms: Review California probate court forms related to trustee removal.
*. File the Petition: Submit your petition to the appropriate probate court, detailing the trustee's misconduct and the desired relief.
*. Serve Notice: Notify all interested parties of the petition and upcoming court hearings.
*. Court Hearings: Attend hearings and present your evidence and arguments.
If you have more specific questions, feel free to ask!
Filing a petition to remove a trustee can be a complex process, especially when representing oneself. Here are some general steps you might consider:
*. Gather Evidence: Collect all relevant documents showing the trustee's breach, such as financial records or property appraisals.
*. Consult Court Forms: Review California probate court forms related to trustee removal.
*. File the Petition: Submit your petition to the appropriate probate court, detailing the trustee's misconduct and the desired relief.
*. Serve Notice: Notify all interested parties of the petition and upcoming court hearings.
*. Court Hearings: Attend hearings and present your evidence and arguments.
If you have more specific questions, feel free to ask!
How do I serve a trustee that's missing
Case Rating: *
Serving a missing trustee can be tricky. Consider these steps in California:
- Due Diligence: Make a genuine effort to locate the trustee (e.g., last known address, contacting relatives).
- Substitute Service: If efforts fail, request court approval for alternate service methods (e.g., publication in a newspaper).
If you need more specific guidance, let me know!
Serving a missing trustee can be tricky. Consider these steps in California:
- Due Diligence: Make a genuine effort to locate the trustee (e.g., last known address, contacting relatives).
- Substitute Service: If efforts fail, request court approval for alternate service methods (e.g., publication in a newspaper).
If you need more specific guidance, let me know!
I started the filling online and it's my understanding that I can do the initial request for removal then after that I can bring all the evidence I have to support the beach of trust, financial abuse, etc and request for financial compansation.
Case Rating: *
It sounds like you're on the right track with your approach. Here are a few points to consider in your process:
- Initial Petition: File your initial petition for removal based on the trustee's absence and breach of duty.
- Evidence Submission: Gather and organize all evidence for financial abuse and breach of trust to present at hearings.
- Compensation Request: Clearly outline your request for financial compensation in your filings.
If you have questions about specific court forms or procedures, feel free to ask!
It sounds like you're on the right track with your approach. Here are a few points to consider in your process:
- Initial Petition: File your initial petition for removal based on the trustee's absence and breach of duty.
- Evidence Submission: Gather and organize all evidence for financial abuse and breach of trust to present at hearings.
- Compensation Request: Clearly outline your request for financial compensation in your filings.
If you have questions about specific court forms or procedures, feel free to ask!
So should I do it all in one wack? Attach all the proof with the first filling
Case Rating: *
It's generally a good idea to attach all the proof with your initial filing to make a strong case from the start. This demonstrates the trustee's breach of duty and supports your petition for removal and compensation. If you have specific questions about court forms, feel free to ask!
It's generally a good idea to attach all the proof with your initial filing to make a strong case from the start. This demonstrates the trustee's breach of duty and supports your petition for removal and compensation. If you have specific questions about court forms, feel free to ask!
What forms do I need to file
Case Rating: *
To file a petition to remove a trustee in California probate court, you may need the following forms:
- Petition for Removal of Trustee (form DE-*)
- Notice of Hearing (form DE-*)
- Proof of Service (form DE-*(P))
Check with your local probate court for additional required forms.
To file a petition to remove a trustee in California probate court, you may need the following forms:
- Petition for Removal of Trustee (form DE-*)
- Notice of Hearing (form DE-*)
- Proof of Service (form DE-*(P))
Check with your local probate court for additional required forms.
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