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How to Compel a Trustee to Do Their Job

When a trustee fails to fulfill their duties, such as delaying distributions, refusing to provide information, or mismanaging trust assets, beneficiaries have legal options to hold them accountable. In this video, RMO LLP Founding Partner Scott Rahn explains how to compel a trustee to act, from sending a formal demand to filing a petition with the probate court, and how the legal process can protect beneficiaries’ rights.

FULL ARTICLE: https://rmolawyers.com/blog/how-to-co...

Timestamps:
0:00 Introduction
0:50 First Step
2:34 Threat to the Trust's Value
3:23 Rules to Deal With Issues
4:13 Involve a Trust Litigation Attorney

Frequently Asked Questions

What does it mean to compel a trustee?
Compelling a trustee means taking formal legal steps to require them to perform their fiduciary duties, which can include making distributions, providing accountings, turning over documents, or managing trust assets properly.

What is the first step in compelling a trustee?
Usually, the first step is having a probate attorney review the trust and the trustee’s actions. If there is a breach or inaction, the attorney will often send a demand letter seeking specific action or information.

What if the trustee ignores the demand letter?
If the trustee does not respond or comply, beneficiaries can file a petition with the probate court. In cases involving a request for information or an accounting, there may be a 60-day waiting period before filing.

Can I act immediately if the trustee is threatening the trust?
Yes. If the trustee is about to breach their duties or misuse trust funds, you can petition the court right away to protect the trust, even while trying to resolve the issue informally.

Can a trustee use trust funds for their legal defense?
In many cases they can, but some courts, such as in San Diego County, have begun issuing early orders to limit or prevent trustees from using trust assets for their defense. Courts may also cap spending or match defense funds for all parties.

When should I contact a probate attorney?
You should reach out to a probate attorney as soon as you suspect misconduct or inaction. Delaying action can weaken your position and allow problems to escalate.

About RMO Lawyers:
RMO LLP serves clients throughout California and Texas, with offices in Los Angeles, Orange County, San Diego, Fresno, Pasadena, the Bay Area, Dallas, and Houston.

We are laser-focused on guiding our trustee, executor, beneficiary, heir, conservator, and guardian clients through some of the most complex and emotionally charged issues life can throw them. Our commitment to helping our clients achieve results that not only add to their bottom line but to their peace of mind is at the core of everything we do. That’s RMO.

Have questions? At RMO, we protect people like you every day.
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