Full question:
What form or forms do I need to go to court to submit an injunction to remove a trustee who is not doing his duty with the estate?
- Category: Wills and Estates
- Date:
- State: California
Answer:
Beneficiaries of the trust have a legally enforceable right to insist that the terms of the trust be adhered to. Actions involving the enforcement of trusts or liability of trustees are generally based in equity. A trust beneficiary may bring an action for damages against a trustee or a third person.
Generally, there are two types of remedies available to a beneficiary who seeks to recover trust property from a trustee. The beneficiary may elect to either establish liability for breach of trust and obtain a judgment against the individual trustee, or to recover the trust property. The beneficiary of a trust can maintain a suit to compel the trustee to perform its duty; to enjoin the trustee from committing a breach of trust; to compel the trustee to remedy a breach of trust; to appoint a receiver to take possession of the trust and administer the trust; or to remove the trustee.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
