When a trustee cannot administer a trust properly, beneficiaries may seek a change in who controls the assets. Removal and surcharge are different remedies: removal changes the trustee; surcharge addresses proven financial loss. Aliav Law, APC advises beneficiaries seeking relief and trustees defending their administration.
California Probate Code section 15642 lists grounds that may support court removal, including a breach of trust, unfitness, a failure to act, and other good cause. Disagreement alone is not necessarily enough. The trust instrument and the evidence must be reviewed.
A court may consider temporary steps while a removal petition is pending if trust property or beneficiary interests face loss or injury. The requested relief should be tied to specific risks and supported by records.
A surcharge claim focuses on a trustee’s conduct and financial consequences. The analysis may require tracing transactions and distinguishing market changes or authorized expenses from losses attributable to a breach.
Sometimes the trust instrument provides a removal procedure. Otherwise, a court petition may be required.
No. Removal and monetary liability involve different findings and evidence.
If you are dealing with a trust or estate dispute, contact Aliav Law, APC to discuss the documents, timeline, and options specific to your matter. No attorney-client relationship is formed by reading this page.
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