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  • Trustee Quit California

    My trustee told me he quit and said not to call or email, that he would
    not reply.

    His lawyer confirmed this today and suggested I submit a replacement.

    The lawyer suggested I give him the details of what the trustee didn’t do, etc. but I don’t want that guy either.

    If the trustee quit, do I have to deal with the lawyer?

    Or can I submit an emergency petition to the court Monday to keep them both away?

    If so, what petition title would that be?

  • #2
    I will have to start with a general disclaimer here: There is absolutely no substitute for a sit-down conference with an attorney where an attorney can review all the circumstances of a particular matter. Things which I say would be true in most situations may not be true in certain other situations, and there is no way to cover every exception that exists to every rule of law in a single post. Also, often times clients are not familiar with the legal terminology and mis-report the facts where an attorney really needs to review documents to see the actual legal status of a matter. Also, Courts in different counties have their own local rules.

    That said, the following points are generally true:

    (1) Not quite sure all of what you mean by "dealing with" that other attorney. You certainly don't need to hire him, and him retaining you could definitely be a conflict of interest. He's probably planning to file a Court petition to replace his client with another person, which any trustee or beneficiary could ordinarily do.

    (2) There is a way to appoint a Trust company as Trustee of the Trust, without Court involvement, with the consent of all beneficiaries of the Trust, but that is not available in all situations.

    (3) If you are asking for the Court to appoint some new Trustee, the Petition falls under Probate Code Section 17200. I am handling one of these right now in Los Angeles County.
    Website: www.jeterprobatelaw.com

    Comment


    • #3
      "deal with that attorney" meant, do i have to confer with the trustees attorney if the trustee quit?

      i have decided to try to file a petition to remove the trustee which i suppose will remove his attorney as well.

      the trust is about 100k and i am sole benficiary. originally it was to be allocated in small sums until i reach 100. for 50 years.

      it didnt last 3 years and the trusted family member (the trustee) backed out. he had handled it badly from the start.

      i hope to terminate the trust.

      Comment


      • #4
        Originally posted by bounced View Post
        "deal with that attorney" meant, do i have to confer with the trustees attorney if the trustee quit?

        i have decided to try to file a petition to remove the trustee which i suppose will remove his attorney as well.

        the trust is about 100k and i am sole benficiary. originally it was to be allocated in small sums until i reach 100. for 50 years.

        it didnt last 3 years and the trusted family member (the trustee) backed out. he had handled it badly from the start.

        i hope to terminate the trust.
        Well, you yourself (in pro per or with your own attorney) as a beneficiary can petition to have a new Trustee appointed. That other attorney does not need to be involved, other than to the extent needed to protect his client's interests. The "Petition for Removal" is generally reserved for when the Trustee does not want to resign, and you want to remove them based on their actions. In this case, the Trustee wants to resign, and you may want to get a signed statement saying that he resigns as trustee from him.

        As far as modifying/terminating an irrevocable trust (if it is irrevocable, usually true of the Trust creator has died, since the only person with the power to revoke is deceased, but see terms of trust.), the following code section is pretty useful.

        Prob C § 15403. Modification or Termination of Irrevocable Trust by Beneficiaries

        (a) Except as provided in subdivision (b), if all beneficiaries of an irrevocable trust consent, they may compel modification or termination of the trust upon petition to the court.

        (b) If the continuance of the trust is necessary to carry out a material purpose of the trust, the trust cannot be modified or terminated unless the court, in its discretion, determines that the reason for doing so under the circumstances outweighs the interest in accomplishing a material purpose of the trust. Under this section the court does not have discretion to permit termination of a trust that is subject to a valid restraint on transfer of the beneficiary's interest as provided in Chapter 2 (commencing with Section 15300). [Added 1990 ch. 79, optve. July 1, 1991.]


        Please note the "... to carry out a material purpose of the trust..." portion. The Court might not allow you to terminate the Trust since it may be clear that the Settlor (i.e. person who created the Trust) wanted you to only receive your inheritance in portions.

        Preparing a petition of this sort can be complicated, and I did not nearly cover every aspects of the procedure to do this in this post. Good luck with it though.
        Website: www.jeterprobatelaw.com

        Comment


        • #5
          Your response is exactly what I look for and why I come here to find it. Problem+legal code+interpretation+applicability=hopeful results

          I HAD BEEN GETTING problem+opinion+theory+scolding+”lesson learned”+ “let it go”= argument divided by censor.

          I would like to terminate the trust but modifying it would be better than it is.
          Tho the trustee said he quit, he hasn’t yet. So I want to force it now. Can I ask for a emergency hearing on Monday? (PETITITON TO REMOVE TRUSTEE)
          there would be no way to notify everyone by mail.

          Comment


          • #6
            Originally posted by bounced View Post
            Your response is exactly what I look for and why I come here to find it. Problem+legal code+interpretation+applicability=hopeful results

            I HAD BEEN GETTING problem+opinion+theory+scolding+”lesson learned”+ “let it go”= argument divided by censor.

            I would like to terminate the trust but modifying it would be better than it is.
            Tho the trustee said he quit, he hasn’t yet. So I want to force it now. Can I ask for a emergency hearing on Monday? (PETITITON TO REMOVE TRUSTEE)
            there would be no way to notify everyone by mail.
            Whether you can and what day that you can get any sort of emergency hearing is heavily dependent upon the particular Court; not just the County either, it will be different even from Courtroom to Courtroom within the County. Usually, it requires filing a declaration explaining why it is so urgent that an emergency hearing take place immediately.

            Although I have seen it done, what you are doing is difficult without legal counsel, especially if you are attempting to get the Trustee penalized for his actions. Probate law is very procedural, and the process can be complex.

            edited to add: just noticed your e-mail
            Last edited by ohgod; 07-12-2009, 11:40 AM. Reason: additional
            Website: www.jeterprobatelaw.com

            Comment


            • #7
              Omitted from Trust

              california
              ------------

              my nephew was omitted from the trust by clerical error we beleive as my mother loved the kid and we all thought she would include him.

              we asked the trustee to include him as he agreed the grantor intended for him to be included.

              the trustee asked for all listed beneficiries to make a letter requesting that all agreed.

              one was made and given to his atty of representation.

              trustee said atty did not like the wording so advised him not to accept it.

              for some reason we all thought that was the end of it. that if the atty rejected the request the kid was out.

              now i read the trustee duties and i wonder if he was supposed to inform the court?

              If the trustee knew the grantor intended for the kid to be included and believed he wasnt due to clerical error, was he supposed to inform the court even if none of us asked him too?
              and if true,

              shouldnt the atty have known that was the proper method, and informed the trustee?

              Comment


              • #8
                When a Trustee resigns and gives a 30 day Notice, how long afterward will the hearing be for the Court to hear the account?

                the atty for the trustee said they are waiting to submit the second accounting.

                i worry that they are purposely stalling.

                Q: is it advisable that I petition the court to remove the trustee, thereby insuring a court date 31 days or soon after? (30 days being the Notice)

                Q: could a court date be scheduled (hypothetically) on the 31st day after the Notice timeframe or is there a minimum of days before the hearing date on the petition that was Noticed; is there a maximum?

                Comment


                • #9
                  Originally posted by bounced View Post
                  When a Trustee resigns and gives a 30 day Notice, how long afterward will the hearing be for the Court to hear the account?

                  the atty for the trustee said they are waiting to submit the second accounting.

                  i worry that they are purposely stalling.

                  Q: is it advisable that I petition the court to remove the trustee, thereby insuring a court date 31 days or soon after? (30 days being the Notice)

                  Q: could a court date be scheduled (hypothetically) on the 31st day after the Notice timeframe or is there a minimum of days before the hearing date on the petition that was Noticed; is there a maximum?
                  A lot of these answers depend upon: (a) what it says in the Trust document; (b) whether the Trust is under Court supervision/prior Court orders related to such; and (c) what exactly you mean by "resigns and gives 30 day Notice".

                  Typically, a Trustee does not need to give Notice to resign if the Trust allows him or her to resign. If resignation requires the Court to step in to "accept" it, as it may be if it was Court supervised, then there would usually be a hearing set which an alternate Trustee would also be appointed.

                  Local practices, such as in your particular County, may affect the way these situations are managed, however in general a Trustee would be given ample time to prepare an accounting after his or her resignation; a few months sometimes. Again, this depends on a lot of things: primarily what the Trust says and previous Court orders.
                  Website: www.jeterprobatelaw.com

                  Comment


                  • #10
                    the atty sent a letter confirming the trustee had quit and said:

                    "Under section 4(e)of the Trust, "Any Trustee may resign by providing 30 days' written notice to the beneficiaries. This letter serves as such notice."

                    in an email, the atty said:

                    "We are wanting to complete the second accounting, which is in progress. It will accompany the petition for resignation. You will receive notice when the matter proceeds."

                    the estate was supposed to be closed at the end of 2008.

                    it is now 8 months and they still say they are waiting to complete the second accounting.

                    the estate was small, no debts and had a will for funeral expenses. not much of property.

                    what could take so long?

                    i wonder if i should send a notice to the benef's to inform them i will petition for removal of trustee to insure this matter wont take several months more. and i wondered if that was advisable?

                    i need the funds available now and there isnt anyone managing the trust.
                    Last edited by bounced; 08-11-2009, 04:11 PM.

                    Comment

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