It used to be that creating a trust was only for the extremely wealthy. However, may people who may consider themselves "middle class" are starting to create trusts as part of their estate planning process. One of the most important aspects of establishing a trust is choosing a trustee to act as your fiduciary and administer the trust on your behalf. However, what happens if the trustee becomes at odds with your intended beneficiaries?
The California Probate Court anticipated that not all beneficiaries would agree with how the trustee carries out the administration of their loved one's trust. The most common disagreement arises out of the Trust accounting which is overseen by the trustee and determines the distribution of the Trust assets to the beneficiaries. The California Probate Court created Probate Code section 17211(b) which permits a probate court to award attorney fees to the beneficiary of a trust who contests the trustee's account if the court determines t trustee's opposition to the contest was without reasonable clause and in bad faith. You should consult an experienced Los Angeles estate litigation attorney if you'd like further information about the administration of trusts.