Legal Question in Wills and Trusts in California
Trustees
When my Father died my uncle and I were named co trustees. If one of us could no longer serve as a co trustee the remaining co trustee shall assume all of the powers of the trustee alone. If that person could no longer serve as trustee my brother would be appointed trustee.
My question is�My uncle has resigned as co trustee and I would like to have my brother who was the next in line to be a trustee appointed to be a co trustee sharing in managing the trust. Does the language of the trust where it says the remaining co trustee shall assume all of the powers of trustee alone and that if I can no longer serve as trustee that my brother would assume the duty of trustee prevent me from sharing responsibilities in managing the trust with my brother ? My brother and I are both beneficiaries along with our sister in the trust so I would feel better having him share ion all the decisions made regarding the trust?
2 Answers from Attorneys
Re: Trustees
You should get a release of liability from your sister and brother. Contact me directly.
Re: Trustees
You have to follow the terms of the trust. If it says that you brother only becomes trustee if you resign, then that is how it works. Of course, there is nothing preventing you from consulting with him on your decisions.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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