Legal Question in Wills and Trusts in California

Re: Can life-estate holder change terms of living trust ?

you are right you were very foolish to have resigned but all is not lost -- you need to immediatly hire an attorney expert in trusts/estates -- no on can properly advise you without reading all testimentary documents and adendments -- get copies of these to an attorney in the jurisdiction in which your uncle lived when he died and protect yourself as best you can and if at all possible get back your trusteeship which will be very difficult to do -- if they new trustee is in cahootz (sp.) with the wife you may have many new problems --- good luck

Re: Can life-estate holder change terms of living trust ?

I don't think that the widow has any right to appoint a successor trustee in the event that you resigned. You could also bring an action in court to be reinstated as trustee on the basis that you were intimidated and mislead by her to submit your resignation. The successor trustee of a trust does not usually have the authority to appoint a successor trustee, the trust agreement should state how the successor trustee is selected. Further, a successor trustee cannot change the beneficiaries of the trust. It sounds like you need to get some good legal advice on your rights and options, and get the court to supervise the administration of the trust.

Re: Can life-estate holder change terms of living trust ?

The terms of the trusr would dictate, to a certain extent. However, chances are that when your uncle died, the trust became irrevocable.

You should seek legal counsel to protect your interests, and possibly petition the court to be reinstated as trustee.

Re: Can life-estate holder change terms of living trust ?

In order to answer your first question it would be important to know two things. First, which state was your uncle a resident of? (I presume that the trust was operated in the same state.) The information in the message I received stated Arizona, another view stated California. I am an Arizona attorney and will answer from that point of view.

Second, it would be necessary to review the trust document and any amendments your uncle did, as well as any attempted by his wife. The trust may or may not provide for a power in the surviving wife to appoint a successor trustee. In any event, you resigned, so I presume the trust document provided for an alternate trustee or gave someone a power to appoint a successor to you. Again, we need to get copies of the documents to know for sure what the situation is.

As to quesion #2, no, the trustee cannot remove funds and place them in his own name. That being said, many individual trustees do not follow the terms of the trust or the law in these matters, so it is crucial that you consult with an attorney immediately and obtain copies of the trust documents. Until then, we are speculating in the dark. Other nieces and nephews have the same interests, so perhaps you could all get together in a united effort.

Speak to an attorney immediately. You are always welcome to speak with me in a free consultation, and I am sure the same goes for others who have answered your submission on this board.

Personally, I would be more concerned at this point with getting a copy of all the documents and seeing an attorney than I would be in wondering if I could be reinstated as trustee. Under scrutiny of an attorney, perhaps the present trustee will do an adequate job. But he may need someone looking over his shoulder.

By the way, I advise you get an attorney who is not only an estate attorney but also has a substantial background in litigation.

Best regards,

James D. Jenkins