Legal Question in Wills and Trusts in California
I am the acting Trustee on my Mom's Trust. Can my sister (who has a court mandated APS Report against her for Psychological with Financial Intent which she committed against my Mom) have me removed by the courts so that she can be trustee?
1 Answer from Attorneys
Anyone with an interest in the Trust can try to have you removed, the question is the likelihood of her succeeding. She has to show that you have acted incorrectly; she would have to file a petition in the court handling the case showing what she claims is your improper behavior and requesting that the secondary trustee be appointed. You can raise her improper behavior both as to why she should not be appointed and that her claims are possibly false. There is nothing you can do at this point except to see an attorney if you feel that she might have some arguments as to how you have acted.