Legal Question in Wills and Trusts in California

Changing the Executor and Trustee of the Trust

How would I change the Executor and Trustee of my Trust without

having the entire Trust rewritten? Is there a form available that I could

attach to the Trust and Will? I have a special needs child who will have

no family and I'm concerned about the current Executor devoting the

time required to help improve my child's life. Are there people who are

willing to do this job as Trustee? Would there be safeguards to protect

the interests in the estate as well making sure that needs of the child

were being provided for?


Asked on 12/29/03, 10:13 pm

3 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Changing the Executor and Trustee of the Trust

You should be able to do an amendment to the trust. However, for something as serious as a special needs child, you should hire an attorney to make sure it is done right.

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Answered on 12/30/03, 2:12 pm
Mina Sirkin Sirkin & Sirkin

Re: Changing the Executor and Trustee of the Trust

I do not recommend that you do this yourself. Since you have a special needs trust within your trust, you should see a local attorney.

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Answered on 12/30/03, 12:59 am
Michael Olden Law Offices of Michael A. Olden

Re: Changing the Executor and Trustee of the Trust

Absolutely, but if you don't even know how to do it why would you want to attend to yourself. If you screw it up you won't be there to protect the kid. Make sure you protect him/her now. Don't screw all around with your child's estate. Go to estate planning specialist, now. The old idea of pay me now, or pay me much more later. You won't have to pay but short child will at won't know how to deal with it.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

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Answered on 1/01/04, 11:35 am


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