Legal Question in Wills and Trusts in California

Re: removing a sucessor trustee from living trust

You will need to read the trust. If it has provisions for declaring your grandmother incapacitated, you could try to do that and then either ask your sister to resign as successor trustee or have her declared incapacitated as well.

Another option is to seek conservatorship of your grandmother and during this process ask the court to reform or amend her estate planning documents including her trust to remove your sister from acting in any fiduciary capacity.

But I am not sure what you mean that since you are in charge now... you should seek the advice of an attorney to review your options.

Re: removing a sucessor trustee from living trust

Is your grandmother under a current conservator? Call me directly at 1.619.222.3504.

Re: removing a sucessor trustee from living trust

Are you acting as successor trustee now? You should see a lawyer about the trust's procedure for this to make sure you are in place as trustee.

The trust should also have provisions for nominating successor trustees, and a trust review could let you know the process. It should also have provisions for when a successor trustee is incompetent to serve--in this case, your sister. If it's too late to remove her nomination as a successor trustee, the beneficiaries can challenge her fitness to serve if she indeed tries to serve as trustee at some point.