As a beneficiary of a trust in California, you may have the right to file suit against your trustee if they fail to properly manage the trust. These lawsuits are often complex and require extensive legal knowledge, but understanding the types of claims available can help you determine if you have a potential case. Here’s an overview of the types of lawsuits against a trustee in California and what you need to know.
Breach of Fiduciary Duty Claim
Trustees owe a duty to act with loyalty and care when managing a trust, known as “fiduciary duty”. If a trustee acts selfishly, fails to follow instructions from the trust document, or fails to take action when necessary, they may be liable for breach of fiduciary duty. A breach claim will focus on showing that the trustee failed in their duties by neglecting or mismanaging trust property or assets. A breach of fiduciary duty claim could also include a petition to suspend or remove the trustee.
Trustee Surcharge
If a trustee has wrongfully used trust property for their own purposes rather than for beneficiaries—such as taking an excessive compensation without authorization—a beneficiary may bring a trustee surcharge claim to recover assets wrongfully taken by the trustee. This type of claim will focus on proving that the assets were improperly diverted from the beneficiaries and demand that they be returned to the trust.
Accounting Claim
A beneficiary may also bring an accounting claim if they suspect that their trustee is not honestly disclosing information about how trust assets are being managed or distributed. The purpose of this type of lawsuit is to obtain detailed records from the trustee so that any discrepancies can be identified and addressed. It is important for any beneficiary considering an accounting claim to contact an experienced attorney early on in order to ensure that all records are preserved and collected before it is too late.
Take Legal Action Against a Negligent Trustee in California Now
If you believe your trustee has failed in their duties or neglected their responsibilities when it comes to managing your trust, then you may have grounds for legal action under California law. Understanding which types of claims are available can help you determine your next steps towards pursuing justice along with reclaiming lost assets and recovering damages where appropriate. Contacting experienced legal counsel who specializes in trusts litigation is essential when filing suit against a trustee in California—so don’t wait any longer! Reach out today for more information about your rights and options as a beneficiary under California law.
