Legal Question in Wills and Trusts in California

exc. of trust

I am the exc. of a living trust. the last trustee just died,

Now what do i do? Also I live in ohio the trust is set up in ca. I know the exc. fee in ca. is 5000. min. but what about my time off work, airfare, ect. in finishing the trust

as the trustee wanted? also some of the benif. are wanting to dicide what they want to do can they do that? the trust has a no contest clause in it also just what does that mean?

thanks lonnie


Asked on 5/31/06, 8:38 am

2 Answers from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: exc. of trust

this question cannot be answered fully and completely without reviewing the will and trust. it is likely that you could file a petition with the superior court to be appointed trustee, but others could oppose your petition and someone (or some financial institution) could be appointed trustee. as an out of state trustee, you would likely be required to post bond.

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Answered on 6/01/06, 11:36 am
Todd Stevenson Stevenson Law Office

Re: exc. of trust

If you are executor of the will and the trust does not have a successor trustee, you could petition to be appointed to that position.

You would be entitled to compensation either (1) according to the trust terms; or (2) if the trust is silent as to compensation, a reasonable amount. Travel expenses as you describe appear reasonable, and you are entitled to be compensated for your work as you are already aware.

For further consultation, please feel free to reach me via phone: 818.784.5404 or e-mail: [email protected].

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Answered on 5/31/06, 2:02 pm


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