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The information contained in the Santa Barbara City College Safety & Security Report is provided to members of the campus community in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act.SBCC Campus Security gathers statistical crime data from its own records and from information provided by the Office of the Dean of Student Affairs and other designated Campus Security Authorities.Pending a petition for removal, a beneficiary or co-trustee can also seek immediate suspension of a trustee (Cal. Probate Code §15642(e) states that if it appears to the court that trust property or the interests of a beneficiary may suffer loss or injury pending the petition for removal, the court may suspend the trustee and appoint a temporary trustee.

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However, even simple administrations have the potential to turn into conflicts due to arguments that didn’t bubble over until after the trustor’s death.

The trust litigator must approach these cases with the greatest of care.

A few of the most integral issues as it relates to trust litigation are: determining questions about the construction of the trust instrument; the validity of a trust provision; determining who should and should not get the trust property; how much each beneficiary should get; settling accounts; approving discretionary acts taken by the trustee; instructing the trustee; compelling accountings by the trustee; and appointing or removing a trustee.

Sometimes a trustee will fail to provide any information to beneficiaries despite written demands. In an atmosphere of distrust, the hope of reaching an informal settlement becomes difficult.

Another effective tool trust litigators can utilize is California Probate Code §850 This code section provides a method for retrieving property that was taken out of the trust.

Additionally, if the property was taken out of the trust in bad faith, §859 allows for the recovery of double damages.

Code §17200(a) states that a trustee or beneficiary may petition the court regarding the internal affairs of the trust.

Code §17200(b) then lists 23 different items that qualify as matters related to the internal affairs of a trust.

California Probate Code §850(a)(3)(B) states that the trustee or an interested person may petition the court where the trustee has a claim to real or personal property, title to or possession of which is held by another.

Because of the broad language of this statute, it’s relatively unproblematic to gain standing to bring an “850 petition,” as they are commonly called.

Resolving trust disputes expeditiously requires great skill and tact.

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