Legal Question in Wills and Trusts in California
removing 2nd trustee
is it to late to remove my sister who is listed second if anything should happen to me. Now my dad does have dementia and if something did happen to me, i amsure she would not give him the quality of life that we feel he is due.
He is in safe assisted living place. although expensive it is his money, and we want him safe. She has had two DWI withing two years and she would put him in some horrible place to safe money for her own benefit. Funny, dads lawyer never mentioned this might ber a good thng to do.....i am just reading up on these things. Prior to dads senility, He put restraining orders against his son for physical and daughter for verbal abuse....WE dont know the law, itseems some one should of pointed this out to us at some point. i recently had surgery which unfourtently had complentations, Before I got two neightbors who have known my father for fifty years to back me up as far as not mving my father, keeping him in safe envioroment, etc. Is there anything else I can do to protect
my dad in casse something does happen to me.........Then what happens if dad passes. It seems we never can get ahold ofthis attorney no matter how hard we try
I am first trustee and acting dpoa presently. Funny, my brother never listed
2 Answers from Attorneys
Re: removing 2nd trustee
It may not be too late. It depends upon (1) the terms of the trust agreement, (2) whether you have a durable general power of attorney for your dad, and (3) whether that power extends to making changes under the trust agreement. Contact an attorney who can review these things for you and advise you. Given fax and email today, the attorney does not even have to be around the corner. More and more, I work for clients in all parts of the country. Feel free to call me if you want.
Re: removing 2nd trustee
You should retain an attorney to review your father's estate planning documents, provide advice and make recommendations. As your father now has dementia, it will not be possible to execute new documents changing the successor trustee designation and a petition to the court may be necessary.
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