Legal Question in Wills and Trusts in California
Nomination of Successor Trustee
Can we filea Nomination of Successor Individual C0-Trustees,signed and notarized by current trustee, on our own in California? We have a Durable Power of Attorney and letter from current trustee's doctor stating trustee is incapable of making decisions on his own. The trustee is our father, who is handling our grandfather's estate. The trust states we can change trustees and executors on the basis of incapacity to carry on. We need to do this asap as father's health is failing rapidly.
thank you.
s&j
1 Answer from Attorneys
Re: Nomination of Successor Trustee
It appears that your father is considered incapcitated and thus unable to sign the document you mentioned. Despite the fact that you have a durable power of attorney as to your father, that does not relieve you of the fact that a trustee is in the capacity of a fiduciary to the trust.
This is general information that I hope has been helpful to you. However, you should always obtain legal counsel familiar with your specific circumstances. We may be able to assist you with your legal issues. If we can assist you in the future, please contact us at www.unalaw.com and somebody will assist you as soon as possible.
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