Legal Question in Wills and Trusts in California

Duty of a trustee vs. Power of attorney vs. Executor of a will
My ailing father in law signed a will in 1995 leaving everything to his two sone and naming his ex-wife as executor of the estate. In april of 2000, he created a family trust naming his ex-wife as trustee in the event of his death or incapacity as well as giving her Interim Power of attorney (The Power of Attorney has not been filed with the court.) over his financial affairs. She has been taking money from his account and not accounting for where the money has gone for the last two years. My husband is worried that she will not fairly distribute the assets of the trusts because he is her step-son and she has always treated him very poorly. We believe there was undue influence involved in her becomming the trustee. What are her duties with respect to the power of attorney and the trust? What recourse does my husband have if she abuses her position?

Asked on 9/20/01, 3:45 pm

Ken Koury Kenneth P. Koury, Esq.

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Re: Duty of a trustee vs. Power of attorney vs. Executor of a will

you can petition the court to name a conservator for him and remove her as trustee. have a probate attorney review the trust and the situation.

Answered on 11/05/01, 11:54 pm

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