Legal Question in Wills and Trusts in California
My father died in Nov 2010, leaving a living trust & a pour over will.
My brother is the Trustee now & I am the successor trustee.
My brother as the "trustee" has done absolutely nothing that he is supposed to do.
In fact, he was hospitalized 4 weeks ago for "intoxication", disappeared for 2 weeks, came back and locked employees out of the work place etc. Its like he is out of his right mind.
I know the trust states that in the event the Trustee in found incapacitated either physically or mentally by 2 Doctors and not able to handle his financial affairs, that I as successor trustee become the trustee.
How do I go about handling this matter. Who do I talk to too, what do I need to show them? I have alot to show.
2 Answers from Attorneys
You need to talk to a probate litigation attorney. Take all the documentation you have, in particular the trust and anything that your brother has sent you as trustee. The attorney can review the documents and discuss your options with you.
It does sound like your brother does not have the ability to handle his duties and responsibilities as trustee. Do you think your brother would be willing to step down as trustee? If so, he may be willing to sign a document agreeing to this. However, any such document should be either drafted or reviewed by an attorney. Even if he is willing to allow you to act as the successor trustee, he would still need to provide you with an account as to the assets and expenditures of the estate. I agree with Ms. Rouse that you need to consult with a trust litigation attorney as soon as possible. The attorney would need to review whatever relevant trust documents you have.
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