Legal Question in Wills and Trusts in California
living trust/ trustees
my father left a living trust and myself and my two siblings are listed as trustees. None of us are willing to resign, however my brother is non-cooperative- we cannot get a hold of him- no phone number, no address, etc. It is extremely difficult to get anything done without his signature. Is there anyway to have him removed as a trustee if he is not willing to resign?
3 Answers from Attorneys
Re: living trust/ trustees
The answer is yes; the trustee who is not fulfilling his duties can be removed as trustee. The problem is that this will usually require a court hearing and thus an attorney to assist you.
I recommend you contacting an attorney in your county to assist you with this problem.
Sincerely,
Kai H. Wessels, Esq.
The above in provided for informational purposes only and is not to be relied upon as legal advice.
Re: living trust/ trustees
The answer is yes; the trustee who is not fulfilling his duties can be removed as trustee. The problem is that this will usually require a court hearing and thus an attorney to assist you.
I recommend you contacting an attorney in your county to assist you with this problem.
Sincerely,
Kai H. Wessels, Esq.
The above in provided for informational purposes only and is not to be relied upon as legal advice.
Re: living trust/ trustees
You can--it would involve filing a petition in probate court to do it. The bad news is that courts are reluctant to remove trustees, but the good news is that the petition, and the legal discovery following it (deposition, interrogatories, etc.), usually result in getting the non-cooperating trustee's attention and some kind of settlement plan.
The process may take 6-9 months, but without a court pressuring him to respond and move forward, I've seen trustees stay non-cooperative for several years.
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