Legal Question in Wills and Trusts in California

interfearing with successor trustee

I am successor trustee for our mothers trust. I have resided in our mothers home for the past 14 years. The house is paid for and in the trust my mother stated I have 2 years (rent free) from the date of her death to sell or obtain a mortgage and buy my siblings out. Mom has been gone only 1 year now, but one sibling doesnt think I am moving fast enough to give him cash he desperately needs. He was totally unaware that I am now in the process of obtaining a mortgage to buy them out. Mom has been gone for only 1 year now and my one sibling gave me a notorized letter demanding me to move out and that he was going to take over the trust as the successor trustee. The trust states that if any of the beneficiaries interfear or challenge decissions I make, then they will be treated as if they were deceased and they would receive nothing. By the one sibling giving me this demanding letter, would that be considered interfearing?


Asked on 5/17/02, 1:34 pm

2 Answers from Attorneys
Victor Hobbs Victor E. Hobbs

Re: interfearing with successor trustee

The letter is not interfering. Some other overt act would probably be interfering. He/she has to do some overt act that creates a hardship for you in administrating the trust.

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Answered on 5/17/02, 3:45 pm
Mina Sirkin Sirkin & Sirkin

Re: interfearing with successor trustee

Whether or not this can be deemed a contest depends on the language of the No Contest Clause in the trust. If the language is drafted broadly, the answer is yes, this will be deemed by the court as a contest. You can petition the court for a determination to deem this a contest.

If you have any further questions, please feel free to email me at [email protected].

Regards,

Mina Sirkin, Esq.

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Answered on 5/18/02, 12:15 am


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