Beneficiaries Say Trustee is Failing to Perform Her Duties

Family Asks Judge to Remove Trustee for Neglecting Critical Responsibilities as Fiduciary

A California judge is weighing a petition to remove the trustee of a family trust for a list of reasons that serves as a reminder about the obligations and fiduciary duties of a person assigned this important role.

According to the petition, the trustee has neglected her responsibilities in several categories, i.e., asset distribution, communications with beneficiaries, accounting and record keeping, and collecting all benefits due to the trust.

Priss Harman landed in the role as trustee of the Buchan Family Trust when the previous trustee, her husband, died in 2022. In addition to failing to meet her obligations, the family takes issue with the fact that Harman has not planned memorial services for the mother and father who established the trust. In fact, the petition states, Harman maintains possession of the parents’ remains (In Re Buchan Family Trust, No. 24PR00525, Calif. Super. Ct., Butte Co., Probate Div.).

The Buchan family wants to remove Harman as trustee of the Buchan Family Trust for several reasons:

1. Failure to Distribute Trust Assets: The trustee promised a swift distribution of the trust assets but only made a one-time distribution of $20,000 to each beneficiary in December 2021. ​ No further distributions have occurred. ​
2. Lack of Communication: The trustee has failed to communicate with the beneficiaries regarding the trust administration, despite repeated attempts by the beneficiaries to reach out via voicemail, text, email, and letters. ​
3. Failure to Provide Accounting: The trustee has not provided any accounting of the trust's assets and financial activities, despite multiple requests from the beneficiaries and their legal counsel. ​
4. Neglect of Trustee Duties: The trustee has not performed basic duties as a trustee, such as maintaining accurate records, responding to beneficiary requests, and managing trust assets with reasonable care. ​
5. Unclaimed Benefits: The trustee has failed to collect benefits from the California State Teacher’s Retirement System and other sources, which are due to the trust.
6. Memorial Service and Ashes: The trustee has not provided information or taken action regarding the memorial service for the deceased parents, and the ashes of the parents remain in her possession.

Due to these breaches of fiduciary duty and lack of action, the Buchan family is petitioning the court to remove Harman as trustee and appoint a new trustee to ensure proper administration and distribution of the trust assets. ​

The family seeks monetary damages for Harman’s failure to fulfill her fiduciary duties, plus costs and attorney fees.

For more about the roles and responsibilities of trustees, read our recent post. If you have any questions, please reach out to us at Hello@TheEstateLawyers.com.