Music. Hi, this is Stuart Albertson with Albertson and Davidson. I want to talk to you about how to sue a trustee in California. So, if there is a trustee of your trust and they have breached the terms of the trust, in other words, not following the terms and not making distributions to you as a rightful beneficiary, what you can do is file a petition in the probate court under Probate Code Section 17200. Probate Co 17200 is the gateway to the probate court and it addresses various issues that you can bring before the court as a beneficiary of the trust. One of those issues is the ability to surcharge a trustee who has engaged in inappropriate actions or to remove a trustee who has acted inappropriately in administering the trust. Ultimately, the short answer to this question is if you have a trustee who is not following the terms of the trust, being abusive to you as a beneficiary, not advocating for your interests, not making the trust property productive, or refusing to disclose information to you, you should file a petition with the probate court under Probate Code Section 17200 and ask the court to intervene. The court can admonish the trustee, remove the trustee, or order the trustee to comply with the terms of the trust. These are the steps you can take to sue a trustee in California. Music. Applause.
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California probate code 2024 Form: What You Should Know
Desktop Codes, an excellent resource for probate matters. The following are the first 50 sections of the California probate code as enacted in CaliforniaĀ December 15, 2014, and incorporated by reference into Section 11366.08. The Probate Code (as originally passed inĀ 1868) has been extensively amended and updated. The code has been revised to better reflect a modern approach toĀ probate and other important legal matters. As enacted in December 2014, the Code is available online at the following link: The Probate Code, which was amended on January 1, 2015, replaces the 1868 version of the California Probate Code, and replaces the previous version of the California Probate Code that was dated November 28, 2013. (Italics added.) Section 5100 (new) states: 5100 (a) āProbateā means the process by which an estate of a decedent is administered after the death of the decedent. (Added by Stats.2014, Ch. 1, Sec. 29. Effective December 1, 2014.) The new code was adopted and incorporated into California law by the Effective Date of the new Code, as setĀ by Section 5100 of California's Probate Code. California's Probate Code, including Subsections 5100 (a) through 5111 (d),Ā replaces Section 8 of the United States Probate Code. The code has been revised and updated to reflect a modern and relevant approach to probate and other legal matters.Ā (See above, āCalifornia Desktop Codesā)Ā Estate Planning Attorneys can find the probate rules for both California and U.S. counties here: California Probate Rules (Probate Code, Section 5100) U.S. Probate Rules (Probate Code, Section 8) The Probate Code now replaces California's Code of Civil Procedure, which was approved by the Legislature on December 22, 2013, and became effective on June 7, 2014. California's Probate Code becomes effective for all cases determined on or after that date. For state and federal cases not under the jurisdiction of another jurisdiction, the California Probate Code takes precedence. See Cal. Gov to Gov. Sec.
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