Legal Question in Wills and Trusts in California
I was co-trustee of my grandparent's trusts with my cousin. There are a total of 6 beneficiaries, including the two of us. During our time as co-trustees, my cousin behaved strangely. He signed contracts and hired services without consulting me. He cut off everyone at one point - too stressed - he then resigned and then came back as trustee 3 months later stating that all beneficiaries had not signed the acceptance of his resignation, therefore he was returning. The week of the close of sale of a major apartment building owned by the trust, he resigned again. All paperwork had to be redrawn, costing additional expenses.
Now I am sole trustee of our uncle's trust, but he is named as successor trustee with the same beneficiaries. In light of his past behavior, and the fact that he accused our uncle(in writing) of laundering money and taking money from the trust illegially. He also suggested I move money from the grandparent's trust to the uncle's trust to avoid paying some taxes. I would like to remove him and name a new successor trustee. Do I have a case?
3 Answers from Attorneys
Whether or not you have grounds to remove a successor trustee is not something that can be answered in a forum like this. You would need to sit down with an attorney and go over not only all the facts and details, but also what admissible evidence you actually have to prove a case.
You probably don't have that power, but avoid the problem by acting expeditiously as Trustee and completing the administration yourself.
If I understand correctly, your cousin is NOT an acting trustee and therefore would probably have no authority over the trust or your actions as trustee. Whether you have the right to remove him as a mere successor trustee requires more information. I strongly urge you to consult with an attorney experienced in this legal area. From your paragraph, I suspect there are additional issues that would affect your rights, and the best strategy for you to take. An experienced trusts and estates lawyer will need to review all the details before coming to any conclusions and giving you solid advice.
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