California beneficiaries are not always happy with their circumstances. They may believe that the trustee of the trust to which they are entitled to distributions is not being fair. However, unless certain circumstances exist or the trust has a clause specifying under what circumstances a removal may take place, removing a trustee cannot be done simply because a beneficiary does not believe the trustee’s actions are fair.
The trustee may be acting in accordance with the trust, and as long as nothing improper occurs, it may not be possible to remove the trustee. However, if a beneficiary believes something improper is happening, it may be possible. Without a removal process in the trust, it will be necessary to go to a California court.
For instance, if a beneficiary suffers significant harm due to the action or inaction of the trustee, he or she may be removed. Mishandling or mismanaging assets could fall under this category. Most trustees do their best to administer the trust, but those efforts can sometimes fall short. Other trustees may be unwilling or unable to perform their duties, which makes them ineffective. Under these circumstances, it may be possible to remove the trustee.
After presenting the relevant evidence to a California court, it may conclude that an order to remove a trustee would serve the best interests of the beneficiaries. What constitutes good evidence may present a challenge. In order to provide the best evidence that a trustee and/or his or her actions fail to meet with the requirements of the trust, and thus, serve the beneficiaries, it may be a good idea to discuss the matter with an attorney.