Legal Question in Wills and Trusts in California
Incompatible Co-executors
My husband�s father and step-mother set up a �family trust� before the father died (in 2002). The trust states that in the event of the step-mother�s death or incapacitation, the two executors are in charge. The executors are the mother�s daughter, and my husband. The mother is very old and sickly, and is quite often incapacitated, due to her illness, hospitalizations, drug use, and alcohol abuse. There is a huge, angry, rift between the two executors, and my husband is always left out of decisions: he is, in fact, never contacted when the mother is hospitalized (which leads us to wonder who is making financial decisions for the mother at those times). Being strongly non-confrontational, my husband doesn't wish to deal with the step-sister, now, much less after the mother's death. Can he have someone else - me (his wife), or a trusted friend - appointed in his place? How does he go about doing this?
2 Answers from Attorneys
Re: Incompatible Co-executors
Afraid you may need counsel in this situation. SOmetimes the firm hand of an attorney can get the proverbial ball rolling.
Sounds like a family rift is preventing the mutual exchange of information and ideas and an attorney makes the perfect moderator in these types of situations.
If you need our assistance, we can be reached at the email provided by LawGuru or through our firm's site at No-Probate.com
Re: Incompatible Co-executors
What does the trust say about how new trustees can be selected? If a trustee is allowed to choose their replacement then you can get the results you want, but normally the trust states how the distribution is to occur and that if X will not or can not serve than B is appointed.
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