In a revocable trust, the grantor (the person who creates and funds the trust) can remove a trustee without permission from anyone else. To do so, they should formally notify the trustee that their services are no longer needed. The grantor can then name a new trustee.
It can take up to a year or longer to remove a trustee from a trust. That said, if there are concerns that a trustee could cause harm to the trust while trustee removal litigation is taking place, then the court may suspend them until it can decide the case.
At that stage, you're likely paying court fees to initiate a case as well as legal fees to one or more attorneys to argue the case in front of a judge. Depending on how long the case takes to revolve and the size of your legal team, you could easily end up paying thousands of dollars to remove a trustee.
The trustee must send a written notice to the beneficiary to vacate the real property. Under California law, if the beneficiary has been in possession of the property for less than a year, then a 30-day notice is sufficient. If they've been in possession for more than one year, then a 60-day notice is required.
Yes, a trustee can be suspended or removed without consent if they have committed a breach of trust or other misconduct. California Probate Code §15642 identifies the grounds for successfully removing a trustee in probate court.
Most trust deeds permit a change of trustee by way of a trustee resolution and entry into a deed of variation. A trustee resolution is a signed statement of the actions taken by the trustee. A change of trustee will usually require the consent of the appointor of the trust.
A trustee typically has the most control in running their trust. They are granted authority by their grantor to oversee and distribute assets according to terms set out in their trust document, while beneficiaries merely reap its benefits without overseeing its operations themselves.
Amendment Costs: Modifying a trust incurs additional expenses. Amendments cost between $200 and $500 each time, depending on the attorney's rates and the complexity of the changes.
In other words, while the trustee has the legal authority to manage and control the assets, they do so not for their own benefit, but for the beneficiaries. The trustee has a fiduciary duty to act in the best interest of the beneficiaries when managing the property of the trust.
It is possible to dissolve an irrevocable trust, but it is much more complicated than dissolving a revocable trust. Typically, it requires the consent of all of the beneficiaries, paperwork has to be filed, and court approval may be required.
Under California law, embezzling trust funds or property valued at $950 or less is a misdemeanor offense and is punishable by up to 6 months in county jail. If a trustee embezzles more than $950 from the trust, they can be charged with felony embezzlement, which carries a sentence of up to 3 years in jail.
Trust agreements usually allow the trustor to remove a trustee, including a successor trustee. This may be done at any time, without the trustee giving reason for the removal. To do so, the trustor executes an amendment to the trust agreement.
There are a variety of assets that you cannot or should not place in a living trust. These include: Retirement accounts. Accounts such as a 401(k), IRA, 403(b) and certain qualified annuities should not be transferred into your living trust.
If you have an irrevocable trust, it is extremely difficult to make changes to it because the trust was set up to be permanent and not alterable. Most people, however, create a revocable living trust. A living revocable trust is designed to be flexible so you can make any change you want to it.
Here are two potential costs to consider: Simple amendments, like changing a beneficiary or trustee, can range between $300 to $500. More substantial changes, such as a complete restatement of the trust to reflect significant alterations, could exceed $2,000.
Establishing a living trust typically costs around $500. This cost primarily covers legal fees for drafting the trust document, but can be influenced by the complexity of the trust, regional norms, and additional services such as consultations and administrative charges.
Generally speaking, once a trust becomes irrevocable, the trustee is entirely in control of the trust assets and the donor has no further rights to the assets and may not be a beneficiary or serve as a trustee.
Typically, a revocable trust with clear provisions for outright distribution might conclude within 12 to 18 months. However, in simpler cases, the process can take an average of 4 to 5 months without complications.
While trustees may temporarily be able to delay trust distributions if a valid reason exists for them doing so, they are rarely entitled to hold trust assets indefinitely or refuse beneficiaries the gifts they were left through the trust.
Submit a Petition for Trustee Removal
If your attorney concurs that there are valid grounds for removal, they can assist in preparing and filing a petition with the appropriate California probate court. The petition should clearly outline the reasons for removal as well as any supporting evidence.
Although a trustee can withdraw money from a trust account for specific things, there are limits. A trustee's fiduciary duty requires them to comply with the grantor's wishes, even if they are well-intentioned. If they violate their fiduciary duties by disregarding a grantor's wishes they could be removed as a trustee.
Based on a recent decision by the Supreme Court of Appeal, where beneficiaries have accepted the benefits of the trust deed, then any amendment or variation to that agreement should only be conducted with their consent, in terms of the Law of Contract or in terms of the derived powers given in the trust deed itself.