Legal Question in Wills and Trusts in California
living trust drawn up in California with my family
My late husband and I had a living trust set up. We assigned our youngest son to exector. However since his dad died things have changed radically. How do I get him removed from the trust. My Walnut Creek Atty says no. But I can't believe one can't make a change if they see fit. Any advise?
1 Answer from Attorneys
Re: living trust drawn up in California with my family
First of all, there is no executor to a living trust. I am assuming you are referring to the trustee of the trust.
Most living trusts become at least two trusts after the death of one trustor. One is an irrevocable trust the other a revocable trust. The latter can be changed in any of its terms at the discretion of the surviving trustor. As to the irrevocable portion only those powers reserved to the surviving spouse can be excercised by the surviving spouse. Many trust documents will reserve the power to change the trustee, but if so, it will be reserved by the terms of the trust document. The trustee can also be removed by a court order if there is a valid reason. You will have to get a copy of the documents reviewed and get a second opinion.