When a trustee breaches his or her fiduciary duty, causing financial damage to the trust, trust beneficiaries may bring an action against the trustee for “surcharge.” This means that the trustee should compensate the trust for the damage he or she caused.
A surcharge will require the trustee to repay to the trust whatever funds were lost, misallocated, or taken due to the trustee’s breach of duty. In addition, a trustee may be surcharged for fees, expenses, or other expenditures made improperly by the trustee.
If you are a beneficiary of a trust and suspect that the trustee is improperly administering the trust, it is important that you take prompt action to ensure that your interest in the trust is protected.
If you have any questions about surcharging a trustee in California call the Law Office of Mark Abell today at (310) 953-8191.