Legal Question in Wills and Trusts in California

Revocable Trust dtd 2004

I have 4 siblings and we talked our father into establishing a trust to protect his property/assets from the ''system''. Well 3 years leter our father expired (12/06). The trust states there are 4 children and who were established as the beneficiaries to receive 25% after his death. I have read the trust over and over and can not find where in the trust the eldest brother claims to be the successor trustee. There is a last will and testmanet dated the same date. It does state (in order eldest to youngest) the following:

I nominate the person listed below, in the order and priority indicated, as executor and alternate or successor of my will

1st LTJ 2nd ET 2rd OKT 4th PT

in that order.

My question, after researching the internet I have learned that the last wil/testament is a pou-over to the trust to ensure if assets were attain during the trust that all assests are covered by the trust (yes or no). THe eldest brother is insisted on selling our parents property. 3 beneficiaries are applauded at the thought that he wants to sell our family home.

I canot find where he has been named the successor trustee in the REVOCABLE TRUST, but he is on the last will and testament as the successor trustee.

Please advice


Asked on 4/16/07, 4:41 pm

1 Answer from Attorneys
Gary Matta Law Offices of Gary R. Matta

Re: Revocable Trust dtd 2004

I would advise that you have the trust reviewed immediately by competent counsel to establish who the trustee is and whether there is a class of exempted trustees.

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Answered on 4/16/07, 4:49 pm


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