Legal Question in Wills and Trusts in California
Forcing trustee to resign
My father passed recently leaving large credit card debt and a house that is titled in a trust. The trustee (his friend) is not communicating w/the family and has not done anything to talk to creditors or SS after over 1 month. She says we(kids) need to pay late fees/nonpayment fees because she wont. My mother has late stage Alzheimers in a nursing home and my dad was her POA. Can someone become conservator for her and access accounts and negotiate w/creditors (joint credit cards)? or does that conflict w/the trustee?? Are assets in the trust protected from creditors in CA? And how hard is it to make her step down as trustee since she's not doing anything??
1 Answer from Attorneys
Re: Forcing trustee to resign
It sounds like she is violating her duties as trustee. The trust DOES NOT protect assets of the trust from creditors of the trustor.
There are certain things that the successor trustee must do to administer the trust. If the trustee is not doing what he is required to do, he can be removed by petitioning the court.
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