Legal Question in Wills and Trusts in California

executor

In my prior 48 yr marriage my late husband and I had a living trust created. He passed in 2000 and I have since re-married and moved from Calif to MO. My adult children live still in Calif.

One of these 3 was named executor in the event we were both deceased.

Can I change who I want to designate as executor even tho one of the original persons of this trust has now passed.

It's amazing how money turns one's head, even tho minimal, but the one previously named has shown some traits that concern me as far as effecting the other two once I am deceased. thank you.


Asked on 3/10/06, 2:53 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: executor

If there was a trust established, it is very possible (based upon what you have said here) that the trust has not been properly administered after your husband's death.

Usually when someone dies, two trusts are formed ... the survivors trust and the "by-pass" trust. The by-pass trust is irrevocable, but the survivors trust can be changed.

I would need to review the original trust in order to provide further information.

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Answered on 3/10/06, 3:06 pm


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