The Flanigan Law Group, A Professional Corporation
Call Our Irvine Office Today
Click Here To Call Now
Local: 949-450-0041
Toll Free: 800-732-2413

Resigning or removing a trustee in California

For a trustee, being legally responsible for managing, investing, and distributing trust assets can be a daunting task, especially since the trustee is also legally liable should any breach of fiduciary duties occur. Consequently, if you are a trustee who wishes to resign or a beneficiary who wishes to remove a certain trustee, you have to act according to the guidelines dictated by California's trust laws.

In the event that you are a trustee who wishes to resign, you can accomplish this by declaring that you no longer want to serve, by being removed with the consent of the interested parties or by having a court order remove you. In any case, it is important to make sure that you act in accordance with the proper procedures; otherwise, you will still be liable for the trust. Alternatively, if you are a beneficiary trying to remove a trustee, you can acquire a court order to remove them by proving that they have breached one of their fiduciary duties, that they have been self-dealing or that they have been stealing from the trust's assets.

After a trust has lost its trustee, it is necessary to appoint a new one, and several trusts contain provisions pertaining to naming a new trustee. Should a trust fail to acquire a successor trustee, either the interested parties or the courts can appoint one.

It is worth pointing out that the laws governing trusts along with a trustee's fiduciary duties, resignation requirements and appointment procedures are convoluted. If you are a trustee considering resigning or a beneficiary wanting to remove a trustee, you can visit our page on trust administration or contact us directly. We have experience when it comes to trust administration, and we are committed to making sure that any fiduciary duties are carried out to the satisfaction of all parties involved.

No Comments

Leave a comment
Comment Information

Learn How We Can
Help You

Send Us An Email

How May We Help You?Send Us An Email

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

15615 Alton Parkway
Suite 450
Irvine, CA 92618

Toll Free: 800-732-2413
Fax: 949-271-6346
Map & Directions