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Trustee Surcharge Lawyer in Sacramento
PROTECTING YOUR TRUST INTEREST
When a trustee breaches his or her fiduciary duty, causing financial damage to the trust, trust beneficiaries are entitled to bring an action against the trustee for “surcharge.” This a fancy way of saying that the trustee should compensate the trust for the damage caused by his or her breach of fiduciary duty.
A surcharge will require the errant 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. On top of the “actual damages”, an errant trustee may also be required to pay interest based on the amount of appreciation that would have accrued if the trustee had not breached his/her fiduciary duty.
If you are a beneficiary of a trust and suspect that the trustee may not be properly handling the trust’s administration, it is important that you take prompt action to ensure that your interest in the trust is protected. While litigation and trustee surcharge may be required to right the wrongs caused by the errant trustee, early detection of possible problems can save a lot of headache and money in the long run.
What Our Clients Say
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"Very cordial and relaxing atmosphere"
Very cordial and relaxing atmosphere even though doing something so important as my Trust. Explained everything clearly and ...
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"Very Happy with Jason & Hannah and Paula and the staff"
I initially brought Huber Fox a review of my Trust & Will materials. They did such a great job that I ended up bringing my ...
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"They were extremely helpful."
Hannah at Huber Fox was the attorney we met with. This was a redo from our original trust which was done in early 2000. Many ...
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"Huber Fox was timely and always helpful."
I have been very happy with my experience with Huber Fox. I am the successor trustee and estate of my uncle's estate. Huber ...
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"Knowledgeable, efficient, and very professional"
Jonathan was extremely helpful in helping us establish our trust. He was knowledgeable, efficient, and very professional! I ...
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"Very knowledgeable, wise, and sensitive"
We hired Hannah Myers of Huber-Fox to help us with a recent restatement of our family estate trust. She showed that she is ...
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"Very kind and very knowledgeable."
I was referred to you and I'm so glad I was. Setting up a trust can be a very emotional experience. But Hanna and her very ...
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"Highly recommended."
Personable, knowledgeable and professional, highly recommended.
- Larry B.