In petition for a trustee, why does the court first designate that person as temporary trustee?

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In petition for a trustee, why does the court first designate that person as temporary trustee?

Asked on May 11, 2011 under Estate Planning, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The court first assigns a temporary trustee to essentially get the process moving. The California statute which allows the court to assign a temporary trustee either because one was removed or resigned or one didn't exist is to preserve the trust property. Sometimes a trustee is needed to pay bills or assure bills are paid, move gifts and trust properties to the right beneficiaries, invest, and really anything within the confines of the trustee's responsibility. Sometimes a temporary trustee is there for immediate concerns and emergencies and then a permanent trustee is appointed once the emergency passes. If you are concerned with the assignment of a particular trustee, file a motion in probate court to either stall the proceedings or have a hearing regarding possible alternative trustees.


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