Legal Question in Wills and Trusts in California
Notice of Exercise of Power Of Appointment
Residents of Calif.
Mother can only exercise her general power of appointment as to distributing assets in Trust A. It is so stated in Trust
Lawyer created document titled Notice Of Exercise Of Power Of Appointment.
He then sited subsection and section where she could do her appointment.
He then still under the Notice Of Exercise of Power Of Appointment stated ''UNDER PROVISIONS'' of the trust he excluded a co-trustee, and cover what was to be done in case of incapacity.
The original Trush document said there SHALL be 3 co-trustees and for any purposes of ANY trust created hereunder, the majority opinion of the 3 successor trustees SHALL settle any disputes.
There were NO Amendments Done.
The Trust does state my Mother had the power to amend revoke or alter Trust A.
Can his elimination of one trustee be accepted in a court of law under the Exercise Power of Appointment?
Can his statement in the event of death, resignation or incapacity and then names 2 co-trustees not 3 be accepted in a probate court under the Notice of Power Of Appointment.
Thank you, Janet
1 Answer from Attorneys
Re: Notice of Exercise of Power Of Appointment
I'd have to read the trust. If you'd like my help call. We can do this by telephone and fax. My one hour consultation fee is $375. I should be able to selectively read the trust, take notes and then answer your initial and follow up questions by telephone within that hour.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
