Legal Question in Wills and Trusts in California

My brother AA got our elderly mom to sign a Trust (leaving him most everything) and a POA giving him sole authority. In a conservatorship case, the court ruled my brother BB as mom's conservator and ruled that AA resign as Trustee "in favor of" BB, and also suspended the POA. BB was not part of the hearing but reluctantly accepted the deal to help me (daughter) put an end to the court hearings. I know we would have to go back to the court to change the conservatorship, but can BB resign as Trustee w/o court involvement? (There is a third successor trustee named in the Trust who would then take over, who is less reluctant to take steps to improve our mom's situation. Also the Trust still needs to be litigated to challenge the terms.)


Asked on 1/18/16, 8:57 am

2 Answers from Attorneys
Aaron Feldman Feldman Law Group

You are talking about a very complex and contested matter. An attorney would need to see all of the relevant Trust and Court documents. There is no simple answer in this forum under these facts. You should find a local attorney in your area and have a formal consultation to review the situation in detail. Good luck.

Read more
Answered on 1/18/16, 9:04 am
Charles Perry Law Offices of Charles R. Perry

A trustee can resign pursuant to the terms of the trust. Given your situation however, you almost certainly want to have the court "bless" the resignation and formally appoint the next successor trustee. This will minimize any risk of conflict with AA.

It sounds like you need to get an attorney on your side to help you litigate this --especially the challenge to the trust. These can be complicated. Kudos to you, however, if you have made it this far by yourself.

Read more
Answered on 1/18/16, 9:22 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California