Legal Question in Wills and Trusts in California

Hello I am elderly male wanting to change my trustee and lawyer and redo my trust...back in 2009 I signed a amendment which stated I cannot do any changes my trust without both their written consent..at the time did not fully grasp the impact.....since then trustee has put me in a rest home I was miserable in and did not assist me to get out...I did it on my own with help a friend......then she refuses change my medical trustee... I made big mistake ask neighbour across street to be it...we quarrel a lot..he is of no help....passes all to caregivers....I requested my trustee to change him...she sais will not....unfortunately he got into successor trustee position.....he is intimidating when in bad mood or things dont go his way...I have new girlfriend and want her lawyer to be mine...I do not get along either my trustee or lawyer or medical trustee ..they are a bit intimidating for me...I dont enjoy the relationship anymore....

having signed that amendment how can I fire my trustee and lawyer and either amend or issue new trust ?? trsut sais "alteration, amendment or revocation be effective with written consent both trustee and lawyer" Thank you


Asked on 3/23/13, 7:57 am

3 Answers from Attorneys
Charles Perry Law Offices of Charles R. Perry

You need to retain a lawyer to help you. This is most likely not something you can do without a lawyer's assistance.

A lawyer and/or trustee who refuse to consent to a change in the trust, for fear of losing their positions as trustee, may be in breach of fiduciary duty. They may also be in violation of elder abuse laws. Only an attorney who reviews your situation can be of assistance to you.

If the lawyer and/or trustee do not consent to the change, then you will need to petition the court to allow the amendment. There is no other option. Again, this is not likely something you can do without a lawyer's assistance.

I would not necessarily retain your girlfriend's lawyer. You need someone 100% independent, whose loyalties lie only to you.

Best of luck to you.

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Answered on 3/23/13, 9:06 am
Michele Cusack Pollak & Cusack

Agree with the above, but especially, GET YOUR OWN LAWYER. I'm sure your girlfriend is a lovely person, but you should do this completely independently to make sure it holds up in court.

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Answered on 3/23/13, 3:23 pm
Anthony Roach Law Office of Anthony A. Roach

I've never heard of a situation where a trustor is not allowed to change their trust without the consent of some third person, and their lawyer. The whole thing sounds fishy.

I suggest speaking to your own attorney of your choosing, and having them examine the trust instrument itself that has these provisions.

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Answered on 3/25/13, 4:50 pm


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