Legal Question in Wills and Trusts in California
successor trustee
The state is holding 'unclaimed money' to which I am the sole beneficiary according to the will of the relative who died. However, the state has asked me to get the successor trustee (named in the will) to sign a form, give his s.s # and provide them with photo i.d in order for them to release the funds. The successor trustee (my brother who had no claim in the will) is extremely obnoxious and avoricious and a family trouble-maker. For several years the rest of the family have broken off all contact with him but we do know where he is. At one point there was a restraining order on him. I know, if we contact him, he will demand part of the money before he signs. He caused trouble with the original will and we (the family) were advised by a lawyer to pay him off (which we did) because of the cost and time it would take fighting him in court. My question(s) is, if I am the sole trustee (and still alive obviously) why do I have to even contact the successor trustee to sign the papers and can the state withold the unclaimed money?
2 Answers from Attorneys
Re: successor trustee
You should petition the Court to remove your brother and appoint you as successor trustee of the trust. If you would like to know more, please visit our website @labusinesslawyer. com.
Re: successor trustee
Contact your brother and ask him to cooperate, and for good measure offer him a small amount of money. Get your deal in writing. If he refuses then go to court and get an order which commands him to perform his duty as a trustee or ask the court to appoint another trustee. With the court order you then can get the money.
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