What to Do if the Trustee Breaches Their Fiduciary Duty
One of the more common reasons a Beneficiary needs to involve the court is when they have requested information about the Trust or Trust accounting, and the Trustee has failed to provide such.
In this case, the Beneficiary can file a petition asking the court to compel the Trustee to file an account and report about the Trust assets, income and expenses of the Trust, and propose a distribution plan to the Beneficiaries. Keep in mind, however, that you may not have the right to obtain information about the Trust if the Trust is revocable, or you waived your right to a report in writing.
If the Trustee has violated your rights or failed to uphold their fiduciary duties, you may file a court petition to compel the Trustee to explain their actions before a judge, or to remove or replace the Trustee.
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At the Law Offices of Maria N. Jonsson, PC, we are here to help you understand your rights and entitlements under the Trust, Will, or the Probate code, and if necessary, to assert your rights in court.