In Meyers v. Meyers, Case No. Grants of probate and letters of administration are collectively referred to as grants of representation. Section 21350. A separate "Certificate of Independent Review" can … You might not need a probate order if a person died without independently owning any property, and had only a small amount of money to his or her name. My remaining sister and I must now seek to have them removed for refusal to act under California Probate Code Section 15642. Please post your probate application to: Supreme Court of NSW, GPO Box 3, Sydney 2001. Surcharging, removing, or discharging a fiduciary.” Thus, to the extent that the Post-Trial Orders removed Lupe as trustee, they are appealable. 2003, Ch. Service Type. Refer to Probate Code §15642(b)(3). 4(a) Copy of a will or any other document per page. . On the basis of this counsel, I conclude that the designation of a person who would otherwise be subject to removal under paragraph (6) of subdivision (b) of Section 15642 of the Probate Code is clearly the settlor’s intent and thatintent is not the product of fraud, menace, duress, or undue influence. Letters of administration are issued where the deceased has left no valid will. § 15644 When a vacancy has occurred in the office of trustee, the former trustee who holds property of the trust shall deliver the trust property to the successor trustee or a person appointed by the court to receive the property and remains responsible for the trust property until it is delivered. I live in England. (b) The grounds for removal of a trustee by the court include the following: Is the change for good cause? Probate Code §15642(b) lists the grounds on which a court may remove a trustee. Probate Code §15642(a) provides that a trustee may be removed in accordance with the trust instrument, by the court on its own motion, or on a petition under §17200. Applying for a grant of administration with the Will annexed; 3. If the decedent failed to transfer all of his/her assets into a trust before dying, a California Probate Code 850 Petition (or Heggstad petition) may be filed. A trustee may also be removed where he or she has become insolvent or is otherwise unfit to continue to serve in his or her capacity. The burden is on the trustee to begin with, if he petitions ct. for approval of acct. PLEASE NOTE: Registry is currently closed for face-to-face transactions. [¶] . (a) Except as provided in Section 21351, no provision, or provisions, of any instrument shall be valid to make any donative transfer to any of the … If there is evidence that the trustee has acted in violation of their duties as trustee, a petition may be considered for removal. - 21356.] Mom lived and died in California. 4(b) Certification fee. Filing application for a grant of probate or administration. Depositing a will of a deceased person. 444, Sec. Code §21350. (b) In the case of a revocable trust, with the consent of the person holding the power to revoke the trust. The problem is that an attorney who drafts the document is presumed to be in a position to get themselves named as trustee. A154912 (1 st Dist., Div. Depositing a will or instrument under the Wills Act 1970 s.44(1) $106. $25.90. In some circumstances, a co-trustee might be allowed to resign if there are disputes with the other co-trustee; however, if the resignation allows the other co-trustee to commit an anticipated breach, the resignation itself could be considered a breach of duty to protect the trust. California Probate Code 15642 “(a) A trustee may be removed in accordance with the trust instrument, by the court on its own motion, or on the petition of a settlor, cotrustee, or beneficiary under Section 17200. § 15640 A trustee who has accepted the trust may resign only by one of the following methods: (a) As provided in the trust instrument. California probate code § 15642 provides a variety of reasons why a trustee may be removed. Get free access to the complete judgment in Sehremelis v. Sehremelis on CaseMine. Accounting Litigation; Conservatorships. California probate code section 15642 provides that, if the Successor Trustee you have named would be a disqualified beneficiary under the statutes pertaining to gifts, that Trustee is subject to removal by the court. California Probate Code § 15642 provides several scenarios in which a trustee may be removed, including removal for committing a “breach of the trust.” This is a broad category and encompasses mismanagement of trust property, misallocation of trust assets, failure to make timely distributions, and more.