Legal Question in Wills and Trusts in California
I am exhausted...poor and i am a beneficiary of an estate...and its a
trust...everything...and within the trust is an amendment that states that griff (settler
appointed him when he was alive) can at any time or for whatever reason and without cause
fire and appoint a trustee...well i have a trustee that needed to be fired...and she..was
mailed her termination notice...and she accepted it...but then she decided that she would
return anything that was in her possession concerning the financial matters of the
estate..unless....there was a someone like herself appointed and they have to show proof to
her attorney that are who they say they are and then she may turn everything
over...well,..,..she has a habit of doing this already...and so she has me over a barrel
because i can't afford another trustee...and....shes soaking the estate with fees which
amount to over 8k..and i can't afford an attorney....so what do i do.l....I am sick over
this....I can't get the deceased stuff back...now...and where can i find a an attorney who will accept payments...or anything...I am very poor...and this woman...has me over a barrel...bills are due...and i can't get access to his checks to pay them...
aaron
1 Answer from Attorneys
A trustee does not have to be an attorney [most are not] and is paid by the trust and not you. So you need to find someone or some entity that you feel you can rely upon and nominate them. You could probably get a CPA, investment counselor, etc to so act; your local probate court might have a list of people they use as trustees or to handle estates, or you could look through various probate files to find such individuals.
You do not directly state who has the right to appoint and remove trustees. If you do, then along with turning over all the assets, demand a detailed statement of all dsbursements made and bills incurred. You will need to give the person you want as trustee a copy of the trust documents.
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