Legal Question in Wills and Trusts in California
Successor acting improperly and questionable POA
The aggressive second successor trustee has begun managing my parents' Revocable Living Trust, and there's NO language anywhere in Trust or in any court docs giving permission to do so. I can find No laws saying a successor automatically steps in when the Settlors (Trustees) are deemed incompetent or under conservatorship. Only wording in Trust is the 2nd successor takes over upon death. Can you give me some info to stop him and when the second successor is allowed to step in? His actions are highly suspect. Trust doc does not spell out his right to go against amendments my parents� made prior to their conservatorship, nor his claim to be defending the Trust, etc. My parents are disgusted. (Trust states parents are each other's 1st successor trustees. Conservatees are allowed to make Wills, so can't they remain as own trustees?) Plus, ''second successor trustee'' is same person who had parents sign a durable POA, which they revoked 5 months later. Was that POA valid, when notarized but notary was the POA attorney's, own attorney? i.e., the attorney who gained the durable POA had his own guy (whom he pays) do the notarization for my parents + witness. I question the impartiality and validity of this tainted notary.
5 Answers from Attorneys
Re: Successor acting improperly and questionable POA
Your question leaves a substantial amount to be desired in explaining your situation. My immediate advice, as I tell almost everyone, is now, even yesterday, get yourself to a real attorney so that you can explain the full situation in front of him/her. He/she will have questions to be answered and then can render appropriate advice in a timely manner. Don't expect full answers over the net. More importantly, the elder whose trust this is could be getting screwed and her heirs/beneficiaries could really be getting screwed. My immediate inclination is this situation is untenable and you need the court to step in to monitor this trust. That is what it is therefore but as importantly it very likely will stave off any illicit or a legal activity on the part of the second trustee. Get off your tousch and do something to help of this situation overtly.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.
Re: Successor acting improperly and questionable POA
You need to have an attorney review the Declaration of Trust documents as well as any amendments thereto. Also needed will be information regarding conservatorship of your parents.
I would be happy to speak with you about this matter.
J. Caleb Donner
www.legalwarriors.com
Re: Successor acting improperly and questionable POA
You have some valid points, however, you keep asking the same question in different ways. This board is not intended to conduct a law suit. You need to get counsel and get the proper help.
Re: Successor acting improperly and questionable POA
You have a lot of documnents that you refer to, and the way you make it sound, your parents are still competent.
I would highly suggest that you obtain an attorney to review all of the documents to determine what the legal status is for all parties.
Re: Successor acting improperly and questionable POA
Get an attorney to review all the documents as soon as you can.
Four attorneys, the same advice.
If you need any help in this regard, please feel free to contact my office.
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