Legal Question in Wills and Trusts in California

I have a elderly friend wants to change his trustee and lawyer; in 2009 he signed a amendment his trust did not understand clearly the content; his lawyer and trustee put a clause sais he must get written consent from them for any changes;

his trustee stuck him in a resthome last year he was miserable in and then refused to change his medical trustee per his request; he recently got a girlfriend and wants her lawyer to be his, wants his accountant to be his trustee; he is pretty upset does not have liberty make his own changes as he may freely choose; how can he fire his trustee and lawyer ? Tx


Asked on 3/20/13, 4:39 pm

2 Answers from Attorneys
Victor Waid Law Office of Victor Waid

Obtain yourself an elder abuse lawyer/trust litigation lawyer, who can file a petition to have the trustee removed, his advance healthcare directive changed to someone else, be placed in a care facility of his choosing if he needs that type of living facility, the accountant named as the trustee. I would advise him NOT use the lawyer of his girl friend as that sets up the possibility of conflict of interest for the lawyer as well as for himself and girl friend.

Read more
Answered on 3/20/13, 6:56 pm
Kelvin Green The Law Office of Kelvin Green

I agree that he needs a different lawyer to avoid any conflicts.

Read more
Answered on 3/20/13, 9:32 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California