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Can the courts override successor trustees and appoint someone that is not named in a Trust?

Successor Trustees and Secured Credito 4 views 2 answers
There is myself listed as successor trustee and a back-up named in my families trust. I was ordered removed as successor trustee for unknown reasons by a court ordered attorney that watches over a conservatorship I placed over my mother who has alzheimers. A new successor was suggested by the court appointed attorney, my attorney submitted orders for this fiduciary to become successor trustee ignoring my parents wishes that was clearly stated in the Trust. Also, when can a court control a Trust?

Attorney Answers

2
Henry Daniel LivelyTax LawyerNewport Beach, CA ·
It is unclear from your question what facts were involved in your removal as trustee. Typically, a court will not remove a trustee without cause. You should have also received notice to appear at the proceedings. At this point you should hire an attorney to represent you and your interests in this estate. Whether you are trustee or not you still are entitled you whatever your inheritance was in this estate.
0 upvotes
Eliz Johnson ·
The Court will not remove a Trustee without "cause" which means a reason. You do not give any detail on why you were removed as Successor Trustee. One could assume that you are the acting Trustee if Mom has Alzheimer's. You would then be "successor trustee" if named in the Trust. The Notice to you of the hearing would state the reasons for your perceived inability to be the acting Trustee. Who had an issue with your performance? Usually, the county will not want to waste precious assets on such a thing without 'cause'. Without knowing more, it is hard to say. Find an attorney in San Mateo County if you want to be active in this. Contact your local bar association for referral to an attorney who specializes in this. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!
0 upvotes

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