Legal Question in Wills and Trusts in California
Changing the Executor and Trustee of the Trust
How would I change the Executor and Trustee of my Trust without
having the entire Trust rewritten? Is there a form available that I could
attach to the Trust and Will? I have a special needs child who will have
no family and I'm concerned about the current Executor devoting the
time required to help improve my child's life. Are there people who are
willing to do this job as Trustee? Would there be safeguards to protect
the interests in the estate as well making sure that needs of the child
were being provided for?
3 Answers from Attorneys
Re: Changing the Executor and Trustee of the Trust
You should be able to do an amendment to the trust. However, for something as serious as a special needs child, you should hire an attorney to make sure it is done right.
Re: Changing the Executor and Trustee of the Trust
I do not recommend that you do this yourself. Since you have a special needs trust within your trust, you should see a local attorney.
Re: Changing the Executor and Trustee of the Trust
Absolutely, but if you don't even know how to do it why would you want to attend to yourself. If you screw it up you won't be there to protect the kid. Make sure you protect him/her now. Don't screw all around with your child's estate. Go to estate planning specialist, now. The old idea of pay me now, or pay me much more later. You won't have to pay but short child will at won't know how to deal with it.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.
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