Filing a lawsuit can be a daunting experience for California residents. For this reason, many people want to know what types of outcomes could happen. This applies to nearly every type of litigation, including trust litigation filed by beneficiaries.
California beneficiaries may be asking questions right now about their trusts. They suspect that the trustee may not be above board regarding carrying out his or her duties to them. The thought of suing the trustee may be growing, but before taking that step, they want to know what the results of the litigation could be beforehand.
Depending on the circumstances, the trustee may be removed or could be required to provide an accounting of the trust. The trustee could be denied compensation for performing the required duties, or could at least receive a reduced amount of compensation. The trustee may also have to repay the trust, put assets back or otherwise be ordered by the court to restore the trust and perform his or her duties as required.
It may be best to terminate the trust, or at least a beneficiary’s interest in it. Certain acts of the trustee may need to be voided, or a special fiduciary may need to take over the trust. Property the trustee disposed of may need to be recovered as well.
As you can see, a variety of actions could result from trust litigation. Which relief is best depends on the circumstances and the needs of the beneficiaries. The chance of success when it comes to any litigation, including this type, often depends on having experienced legal help who understands the law, the concerns of the beneficiaries and their needs.
Source: thismatter.com, “Breach of Trust”, Dec. 2, 2017