Q: Where does it say in California law that a trustee must maintain trust assets (i.e. rental property for beneficiary)?
In this situation, rental income is to be used for the beneficiary's Special Needs Trust. There is a home that needs to be cleaned and rented yet the trustee has not done anything to take control of the property, clean and get it back on the rental market. I feel this is a breach of his fiduciary duty and he needs to be replaced (in addition, it's been well over a year and he still has not provided the trustee accounting).
Can a Power Of Attorney for the beneficiary (who is mentally incapacitated) ask a judge to replace the trustee?
A: Anyone, with good reason, can petition the court to have the trustee replaced. Failure to fulfill the fiduciary duties is a good reason for replacement.
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