Q: What all needs to be filed to remove a trustee in CA
A: I'm assuming you mean an involuntary removal of a trustee. For that, you'll need to file a petition with the probate court in the county where the trustee conducts its business and prove to the court's satisfaction of the need for the removal by clear and convincing evidence of breach of fiduciary duty (stealing, negligence, failure to account, gross mismanagement of assets, failure to fairly represent the interests of all beneficiaries, self-dealing, among others). You should contact a probate attorney for specific legal advice based on your particular facts and circumstances.
A: There are a number of steps you should go through before you are at the drafting stage because, if you don't have sufficient evidence to support the document's argument that a trustee should be removed, then you will waste a lot of time and money. So, first, you would need to read the trust and see what it says about removing a trustee. Second, it would be wise to demand an accounting from the trustee. Do that in writing. Then gather all the evidence you have to show the trustee mismanaged trust assets, was financially insolvent, lacks fitness to carry out his duties, failure to perform his duties, infighting among co-trustees, or whatever applies in your case. Then you can draft the Petition to Remove the Trustee and associated documents. If you don't have legal training, this task is likely not a do-it-yourself project. I wish you all the best.
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