Legal Question in Wills and Trusts in California
Removal of executor without basis
My wife is the Executor of an irrevocable trust. Both of her parents are still alive. The two younger brothers have lied to the parents about her actions. The parents are all upset, want my wife removed as executor and most likely will totally disinherit her once this is done. They are taking her to court to remove her as the executor. Can we fight this and what is the likelihood of winning.
2 Answers from Attorneys
Re: Removal of executor without basis
First, she is not the executor of an irrevocable trust, but rather the Trustee. Second, whether this is likely to be successful will depend in large part on the terms of the trust and the quality of the evidence against her if removal is for nonfeasance or malfeasance. Under the terms to the trust she probably has the right to hire an attorney at the expense of the trust to defend, since if she is being improperly removed as trustee, it is against the terms of the trust, and her defense is for the trust's protection. That being said, if she has been self-dealing or acting otherwise improperly, the expense of her defense will have to ultimately come out fo her pocket.
Contact a lawyer to discuss further. Call me if you want.
Re: Removal of executor without basis
these questions cannot be answered without reviewing the trust agreement and obtaining additional facts. your wife should retain an attorney in the county in which the probate action has been filed.
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.
