Legal Question in Wills and Trusts in California

Trust modification

We have a trust that is to be seperated into 5 seperate trusts, an objection was filed to the apointment of a primary benficiary as the trustee of one of the trusts. The proposed order states: ''the Court reserves jurisdiction to appoint the successor Trust of the Trust for the benefit of'' the primary beneficary.

The probate notes state: ''As to petn filed by co-trustees to divide the trust into 5 separate trusts, petner objects to that portion requesting that

beneficiary (primary beneficiary) be appointed trustee of trust for her benefit and requestsan independent trustee be appointed,

alleging trust document requires such absent consent of the beneficiaries.

Status of contested issues: NEEDED''

I want to have a co-trustee with the primary beneficiary being trustee. Do I need to hire an attorney for this? What will the court do if these two parties can't (and likely won't) come to an agreement on who should be the trustee? Can I appear in the court on the hearing date and voice my request?


Asked on 5/24/07, 6:10 pm

1 Answer from Attorneys

Donald Field Donald L. Field, Jr., Attorney at Law

Re: Trust modification

yes, you should retain an attorney to represent you and protect your rights.

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Answered on 5/25/07, 2:50 pm


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