Removing parent’s trust attorney as trustee
Some trust attorneys think it is appropriate for them to serve as trustees or co-trustees of their clients’ trusts after their clients have died. The California Probate Code provides a way of removing those attorneys from their role as successor trustees. Beneficiaries dealing with their parent’s attorney are often wise to seek the attorney’s removal. Attorneys who do this know, or ought to know, this type of conduct is disfavored by California law, reeks of undue influence, and may tell you something about that attorney’s ethics.
When A Trust Attorney Changes A Dying Parent’s Trust
My client, “Lisa,” was inheriting substantial money from her father’s trust. Eight months before her father passed away, and while afflicted with dementia, he had his attorney change his trust so that Lisa would receive considerably less money and a charity would receive the remainder when Lisa died. Lisa was furious when her father’s trust attorney changed his trust because he was so obviously impaired. She was even angrier his attorney would serve as the successor trustee
During her father’s final months, he could not manage his financial affairs, so his trustee and lawyer took charge. He charged for his trustee work at the same rate as his legal fees. And he did a lot of work. He charged tens of thousands of dollars for his work. Lisa could see he would charge even more over the coming years. Her father’s attorney had effectively given himself an annuity at her expense.
When A Trust Attorney Makes Himself a Successor Trustee
Lisa had us file a petition with the probate court seeking to remove the trustee. Lisa had some powerful tools on her side. First, the California Probate Code presumes an attorney who drafts a trust as trustee should not serve as trustee. Second, the court could rule that an attorney who defends his removal in bad faith should pay the attorney’s fees and costs for the suit to remove him. Under these circumstances most drafting attorneys have little incentive to defend a petition to remove them. They usually, after a person files the petition for their re-movement, find a way and an excuse for their resignation as trustee. When the attorney resigns as trustee, a successor trustee will then take over the administration of the trust. If you suspect your parents’ trust attorney tampered with your parents’ will, contact us today. You can also request our free book Winning the Inheritance Battle for more information.
Beneficiary Rights
If you would still like more information on Trust Litigation and your rights as a beneficiary, read our article “20 ways your Trustee can be breaching their fiduciary duties,” or check out our complete Overview of California Trust Litigation on our website. If you have more questions about your beneficiary rights and what you should know moving forward.
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It’s best to reach out as soon as possible. The longer you take, the more damage your trust could take.
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