Imagine your parents have a trust, and they have selected a trustee to handle it after they pass away. They chose someone they trusted with this duty, but what happens when the trustee is not doing their job? If you suspect mismanagement, you may have legal grounds to act. In situations like these, removing a trustee in Oakland could be the right move to safeguard the family’s trust.
At Hackard Law, our trust litigation attorneys work with people who believe their rights are being violated or who suspect mismanagement. If a trustee is violating their duties, it is not just a family issue—it is also a legal one. While removing someone from this position is never easy, it may be necessary in order to protect the estate and the people it was meant to benefit.
Trustees do not have to be perfect, and not every mistake justifies their removal; however, when trustees fail to meet their legal responsibilities, families can hold them accountable. Under California law, trustees have a “fiduciary duty,” which means they must act in the best interests of the beneficiaries and follow the terms of the trust. If they fail to do so, an Oakland lawyer could help you take action to remove them as a trustee.
There are many reasons why you might remove a trustee. These include:
If any of this sounds familiar, you are not powerless. A knowledgeable attorney could review the situation, explain your options, and help you decide if a petition for removal is the right path.
Removing a trustee typically involves filing a petition in probate court. The court will want to see clear evidence that the trustee is unfit or has breached their duties. The process can feel intimidating, especially if the trustee is a family member, but the court’s job is to protect the integrity of the trust.
A seasoned attorney could help gather the necessary documents, request accountings, and prepare your case for trustee removal in Oakland. In some cases, they could also help negotiate a voluntary resignation, which might be less contentious than a full court hearing. If the matter does go to court, having an experienced legal advocate is crucial.
California Probate Code § 15642 outlines the legal grounds for removal, including trustee misconduct, their inability to administer the trust, or their refusal to act.
Trust litigation is not about stirring up drama—it is about protecting what your loved one left behind. A trustee holds serious responsibility, and when they abuse that role, it can cause emotional damage and financial loss. Taking action to remove a bad trustee is not selfish. In many cases, it is the only solution available.
A lawyer who handles trust litigation in Oakland could guide you through the process of removing a trustee with compassion and clarity. They understand both the law and the emotions involved and could help restore order to a difficult situation.
If you are considering removing a trustee in Oakland, know that you are not alone, and you do not have to manage it all by yourself. Whether you are dealing with stonewalling, suspected theft, or blatant mismanagement, there are legal steps you can take to protect your rights and your family’s future.
At Hackard Law, we help people navigate complex trust disputes with strength and empathy. We handle these cases on a contingency fee basis—if we do not win, you do not pay us. Reach out today to learn how we could help you hold a trustee accountable and achieve peace of mind.
(916) 775-8542