The attorneys at Sundstedt & Goodman Law Offices are well-versed in representing trustees, administrators, personal representatives, and other persons serving in a fiduciary capacity. In this particular case, which involved a blended family, the Trustors created a family trust, funding it with specific assets, designed to be split equally between the wife’s children and the husband’s children, on the death of the surviving spouse/trustor. In order to alleviate disputes amongst the step-siblings, and in anticipation of what might be a contentious clash of personalities, the Trustors appointed a neutral, non-family member, professional to serve as Successor Trustee on the death of the surviving spouse/trustor.
The wife/trustor was the surviving spouse. On her death, the professional Successor Trustee took his position and moved forward to administer the family trust. The wife/trustor’s children filed a Petition for Removal of the Trustee alleging breaches of trust, unfitness to administer the trust, failure or declination to act, excessive compensation, and other related allegations under the California Probate Code. The attorneys at Sundstedt and Goodman represented the professional Successor Trustee through a five-day trial in the Superior Court of California, Orange County. Their defense of the Petition was successful and resulted in an Order from the Court denying the beneficiaries’ Petition for Removal and finding specifically that, “removal on any of the grounds cited, based on a preponderance of the evidence standard, is not merited.”
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