In California, if one tries to remove an administrator are typical. These applications are often started by unhappy recipients or disappointed co administrators who think that the person in charge of administering the estate is being unreasonable and or unethical. The paper evaluates some pertinent case law to examine under exactly what situations an Temecula court decide to eliminate an executor.

temecula on map
Map of Temecula & Area

In California, Temecula’s courts have the statutory authority to eliminate executors. Disappointed recipients often go to court to compel the elimination of the administrators and force them to pass their accounts. The executors are then required to produce all the records relating their administration of the estate and a brand-new executor is selected as a replacement if the application is effective. The administrators might or may not have done anything wrong. However, the beneficiaries’ animosity often stirs debate and their hostility, mistrust and frustration can result in their asking the court to remove Estate Trustees.

In Libman v. Feldberg (FN1), Mrs. Libman left some loan to charities, but the bulk of the estate was left to her child. Feldberg, her Estate Trustee, overlooked this provision of the Will. Through their efforts, Feldberg was eliminated as an Estate Trustee, the missing out on individual effects were obtained and they recovered $50,000 worth of bonds and important coins that had actually vanished.

What mattered most was the presence of hostility and the failure of an Estate Trustee to be completely neutral and objective in the administration of the estate. In Libman v Feldberg, it was clear that the Court discovered Feldberg’s administration of the estate wanting. The Court discovered that he did not carry out his responsibilities “in a entirely unbiased and unbiased way” which resulted in “… a degree of hostility and wonder about is so strong, as to make it difficult for the beneficiary to accept Feldberg’s actions …” Obviously, for Temecula Courts, elimination of Estate Trustees might no longer only be limited to instances where a Trustee is guilty of misbehavior.

Going to court to get rid of an Estate Trustee might be a expensive and very severe matter. In spite of the temptation to jump to conclusions, it would be an error to treat this case evaluation as substantive legal advice. For those considering this alternative, there is no substitute for hiring a proficient lawyer whose own research, analysis and judgment should be canvassed prior to litigating.