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The Options for you to Hold the Trustee Accountable Contact the Trustee. Write a Letter. Hire an inexpensive lawyer. Hire an expensive lawyer. Hire an attorney who can take court action.
Trustees may face litigation for a bdocHub of their fiduciary duty to keep beneficiaries reasonably informed if they fail to prepare and send required accountings. A trustee has a duty to prepare and distribute accountings, which are reports concerning the trusts assets and debts.
The easiest way officially to make decisions on behalf of someone else is to execute a durable power of attorney, which is a legal document that appoints someone to act on someone elses behalf. The forms are generally available on the web for free or a nominal fee. They require witnesses or notarization to be valid.
A trustee is personally liable for a bdocHub of his or her fiduciary duties. The trustees fiduciary duties include a duty of loyalty, a duty of prudence, and subsidiary duties. The duty of loyalty requires that the trustee administer the trust solely in the interest of the beneficiaries.
A fiduciary is someone who manages money or property for someone else. When youre named a fiduciary and accept the role, you must by law manage the persons money and property for their benefit, not yours.
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Examples of executor misconduct and trustee misconduct include: Failing to provide accountings to beneficiaries. Favoring one beneficiary over another. Misappropriating or misusing estate or trust assets for personal gain. Commingling personal assets with those of the estate or trust.
Under California trust law, trustees can be held personally liable for losses incurred due to a bdocHub of trustee duties. Trustees have a legal obligation to act in the best interest of beneficiaries and the trust. This obligation is also known as their fiduciary duty.
Trustees are entitled to use trust funds to pay for certain things such as funeral expenses, repaying any debts, fees paid to professionals who help with administrative tasks, taxes owed, and expenses related to properties included in the trust.

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