La Mirada, CA asked in Estate Planning and Probate for California

Q: My sister is trustee/beneficiary and she's living in a house thats in the trust rent free and wants to buy below market

The trust does not say she can do this. She wont make a disbursement until we sign off for the price she wants to buy it for. Everything gets split three ways. Its been over a year since the granter died. I feel she should be removed as trustee is this possible?

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1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: It does sound like your sister is breaching her fiduciary duties to the other trust beneficiaries. Yes, that is grounds to have her removed. Read the trust to see if there is a mechanism for removing her without going to court. Sometimes there is, sometimes there isn't. If there is, then hire an attorney to help you invoke it. If there isn't, then hire an attorney to help you with that petition in court.

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