California Probate Litigation: Beneficiaries and Former Trustees

Generally, beneficiaries of a California trust have standing to sue trustees who are breaching their fiduciary duty. But what happens when a breach is discovered after a trustee has resigned or been removed? The answer to this question may be complex. Therefore, it’s vital to contact an experienced San Diego probate lawyer for guidance. If you want to bring an action against former trustees, working with an attorney may improve your case.

When consulting with a legal professional, he or she will consider the following:

• How long ago did the alleged wrongdoing occur?
• What is the alleged breach or violation?
• Is the alleged breach or violation clear?
• Has the successor trustee initiated any action against the former trustee?
• Is the successor trustee available to initiate such an action?

Your attorney will consider the questions above in addition to analyzing facts and circumstances surrounding your California trust litigation matter. It is vital to seek guidance as soon as you suspect a breach or violation by the former trustee. California does impose statutes of limitations. Our article, Trustee-Beneficiary Relationship May Extend Statute of Limitations, discusses issues surrounding these limitations.

As a beneficiary, pay attention to the handling of trust assets. This will protect your interests. If you suspect wrongdoing, contact an experienced probate attorney in San Diego. A probate attorney will help assist you in bringing action. Call our office today at (888) 443-6590 for a free consultation.