Legal Question in Wills and Trusts in California
Who chooses the handling of trust?
My father was a victim of a hit and run accident, and is soon going to be receiving a settlement. My father was hoping to have me in charge of the trust, but his lawyer states that I live to far away (about 5 hours.) I don't see why this should matter. The lawyer is sending someone to meet with my dad, who will probably end up being the one in charge. This is not my father's wishes, and it seems like family should be handling this instead of a stranger. My grandmother is now my father's legal guardian, but it will soon be turned over to me. Does my father have any say so in this matter? Thanks for any reply
4 Answers from Attorneys
Re: Who chooses the handling of trust?
As long as your father is competent, he can decide who he wants as trustee of his trust. While it is easier if the trustee is close by, that is not a requirement.
Re: Who chooses the handling of trust?
There are ambiguities in your message. I'm not sure what you mean by being in charge of the trust. I assume this to mean you may be a successor trustee or that your father is unfit and that you have to be the current trustee. Also, when you speak of your grandmother being your dad's guardian you do not give any background on this. I can't offer anything based on these facts.
Re: Who chooses the handling of trust?
sounds like the lawyer is setting your dad up to steal his money. you better get some legal help soon.
Re: Who chooses the handling of trust?
If your father and mother have their wits about them they should decide who is handling their money. I doubt anyone is setting anyone up to steal any money. However, human incompetence is always a factor. And I always feel the family member can oversee these things better. In this day and age of satellite communications, personal computers, and cell phones living close isn't an absolute requirement to managing a trust. However you may want to also meet with this person and check them out yourself. As long as your Dad is alive he can remove anyone he wants to, and appoint a new person.
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