Legal Question in Wills and Trusts in California

Re: Can a Trustee be changed?

The court can remove a trustee for good cause, including not following directions of the written instrument.

The trustee and the power of attorney holder, although can be the same people, but do different things in via the instruments which directs their powers.

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Re: Can a Trustee be changed?

1. A trustee may be changed by the settlor. If the person holding the gneneral power of attorney has the express power to change the trustee. Then it may also be done. It is also possible to petition the court to change the trustee, and/or successor trustee. The trustee may also resign, and the alternate trustees then may take over. If non are named and the settlor is incapacitated then a petition has to be made to the court to accomplish this. 2. This question doesn't make sense. Rewrite and resubmit. However, normally when the settlor (also known as trustor and grantor) does a has a trust the Will is then known as a Pour Over Will whch upon the settlor's death puts everytihing that isn't in the trust into the trust. When property is put into the trust this is called funding the trust. 3. They usually are the same person. However,this normally because the settlor trust or has confidence int eh same person or series of persons. Normally there are alternate persons named to take care of the proerty under the powers of attoreys executed in the case the primary is unable to do the job.