Legal Question in Wills and Trusts in California
Changing Executorship within a Living Trust
Current Trustee= Older Widow (Trustor)
Living Trust Exists with Trustees as (Younger Brother & Sister of 4)Older Brother & Older Sister
Oldest Brother Contesting the Living Trust
If incompentency is found within the trustee, and a person or persons would like to gain Power of Attorney for the(trustee's) assets,for personal interest, would they be able to just have the trustee verbally tell the bank that this individual(s)is the person she wants in control of the estate/cash? A living Trust is in place after the death of the spouse a few years back. If so, what recourse would the other trustees be able to do to contest/reverse this action? Would you need to prove that the current trustee is unable to reason and manage her assets?
1 Answer from Attorneys
Re: Changing Executorship within a Living Trust
Absent anything written to the contrary, when the current trustee is incompetent, the other successor trustees take over once there is a showing of incompetency. You can petition a court to take jurisdiction for this purpose. The current trustee cannot give a power of attorney for her functions as a trustee, only for her personal matters, if she is competent.
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