Legal Question in Wills and Trusts in California

Executor of a living trust

It has been two years this month since my Father passed away and the executor of his living trust has not finalized the paperwork. I am waiting for one form to complete income tax from last year and because she has not sent the form to me, I have to file a second extension tomorrow.

Because she (the executor) has not demonstrated due deligence, is there a way to relieve her of her responsibilities as executor without going to court? Is there possibly a legal form that could be obtained for such a purpose?

I would appreciate any advice you could offer to get closure on this.

Thanks,

Judy


Asked on 8/14/01, 6:43 pm

1 Answer from Attorneys
WILLIAM BRANDWEIN WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.

Re: Executor of a living trust

First than can be no executor of a living trust. There is a trustee. An executor administers a probate of a will in probate court. If this is not subject to a probate action look at the terms of the trust as to who is a successor trustee and exercise the rights you have under the trust.

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Answered on 8/15/01, 6:01 pm


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