Legal Question in Wills and Trusts in California

Use of fiduciary for executor or trustee

I have the very unfortunate situation of an unreliable family and no one to name as executor or trustee on will or trust. Attorneys have given references to some fiduciaries associated with banks and then sometimes a certified fiduciary by themselves (private I guess). How do I select this stranger???? Also can this agent also sign the Advance Directive - very limited - just to aurthorize burial - just so I will get buried without bothering with my unreliable family?


Asked on 8/25/08, 4:34 pm

1 Answer from Attorneys
Janet Brewer Law Office of Janet L. Brewer

Re: Use of fiduciary for executor or trustee

You are in a very difficult situation.

As of January 2008 private individuals in California who act as fiduciaries for 3 or more non-family members are required to be licensed by the state and bonded. That doesn't mean that they aren't unreliable, but at least it reduces the possibility that they are.

There's a California Association of Private Professional Fiduciaries. It's website is: http://www.pfac-pro.org/pages/index.htm

You can also check out the Dept. of Consumer Affairs:

http://www.fiduciary.ca.gov/

and

http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10705&id=36464

These individuals can make health care decisions (including burial) for you, but I don't know if all of them are comfortable doing that.

This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.

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Answered on 8/30/08, 12:51 pm


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