Legal Question in Wills and Trusts in California

I have a Irrevocable A/B Trust, my husband passed away and I am the Trustee. I am ill and dying, back in 1994 when my husband and I set up this Trust we choose 2 of our children to share as co-trustees when the last one of us is to pass. One of my children that is named as a co-trustee has become a alcoholic and I feel that his drinking will become a nightmare for my other child. Is there a way I can change this and have him removed as co-trustee? I am even willing to have him enter a treatment program and have his problem monitored by professionals until the time he can be responsibile to help my other child with this duty.

Asked on 2/22/11, 12:56 pm

3 Answers from Attorneys

Eliz. C. A. Johnson Eliz. C. A. Johnson
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You should be able to amend as to your Trustee, see an attorney right away. There are ways to do this.

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Answered on 2/22/11, 1:53 pm
Chris Johnson Christopher B. Johnson, Attorney at Law
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There should be a way to amend it--even if the "B" side is restricted, there are probably ways to accomplish your goal and protect all parties, so contact an attorney to review the trust and discuss the best way to proceed.

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Answered on 2/22/11, 3:08 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.
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Depending on the terms of your trust you should be able to amend it to remove your one child as trustee over one or both halfs of the trust. You should consult with the attorney that prepared the trust, or if he/she is unavailable another attorney, as soon as possible.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 2/23/11, 11:26 am

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