Legal Question in Wills and Trusts in California
removing executor of an AB trust
Mt Step-Mother inlaw is the Executor/trustee of my Father inlaw's AB trust. She has withheld all information and notification due us. We finally had to have a lawyer write a letter to her and her lawyer to demand a copy of the trust and an accounting. To date we have not received this information (father inlaw passed away in Sept. of 1998). We know we are mentioned in the trust (we are to receive the stocks). The Mother inlaw has made comments to other family members that she does not want us to have the money/stocks and plans on using the money for herself and her daughter.
My question is: What if anything can be done? How difficult and costly is it to have the executor removed from the trust or just that portion of the trust that is related to us (the B trust)?
I would appreciate any information you can give. You have been a big help to us in the past. Thank you!
1 Answer from Attorneys
Re: removing executor of an AB trust
If she is refusing to act in accordance with the trust than she is not fit to be executor. You need to contact a probate attorney and have him file a motion to have the court appoing another executor. This is usually a bank or another family member. You should contact your local bar association for the names of attorneys who practice probate law. Good luck.
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