Legal Question in Wills and Trusts in California
Hello,
Original trust showed two beneficiaries but trust amended four years ago to show just one, the son that took care of them for the last 8 years of their lives. The original beneficiary will not sign a decline to serve paper (he had been named a co-trustee originally and the trust was amended and the trustee portion was not changed, just the beneficiary portion. Can the court be petitioned to proceed with transfering real estate into the name of the sole beneficiary or is it necessary to have a declination to serve form in this case?
Thank you so much-this has been held up for over four months and is causing a great deal of problems.
2 Answers from Attorneys
If one of the co-trustees refuses to accept responsibility to administer the trust, then an interested party -- such as a beneficiary -- could petition the court to remove the trustee and replace him with the next-in-line successor trustee.
If the trust was appropriately changed, then how is the removed beneficiary holding the transfer up? Did they file something claiming the new trust was improper or ineffective or other challenge? Why would the removed beneficairy need to sign anything if they were properly removed?
I think I may need more facts about what has occurred thus-far to give you any kind of detailed response. Please feel free to contact me in a more private forum through my site PasadenaEstatePlanning.com.
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