You are not required to use the drafting attorney as executor or trustee, and you may not be required to use their services at all. In fact, under California probate law, if the drafting attorney is named in the documents as the executor or trustee for a will or trust, it is presumed that this was done for an improper reason. This will usually work in your favor if you need to have them removed.
Before taking any actions, you will want a second opinion from a San Diego trust attorney. It is possible, especially in the case of a trust, that the drafting attorney may be named to provide a different service related to the estate, such nominating the California successor trustee after the original trustee has died.
This isn’t necessarily a questionable situation, though it is in your best interest to take your attorney’s interpretation of the trust’s terms under advisement.
If you want the drafting attorney removed from the position of executor or trustee of an estate:
- Send a written request to them directly, asking them to decline the position. Oftentimes, this is sufficient.
- If the drafting attorney refuses your request, petitioning probate court will usually get them removed.
The Riverside probate lawyers at The Grossman Law Firm offer probate and trust administration, will contests, and probate litigation services to clients in Riverside County and outlying areas. For a free, 30-minute consultation with one of our team, call us toll-free at 888-443-6590. Use our quick contact form to reach us online.
Also request Scott Grossman’s must-read book for trustees and executors The Insider’s Guide to California Probate and Trust Administration, which is available to you FREE.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307