Asked in Estate Planning for California

Q: brother was not named a successor trustee but petitioned and won. The trust required him to have our vote but went asked

My brother recently was nominated by the court as successor trustee after he filed a petition. The trust instructs that if the nominated trustee is deceased or unwilling a successor trustee will be nominated after receiving majority of the beneficiaries vote however the beneficiaries were not invited to vote and he got appointed as a successor trustee. Furthermore trust I structs nominated trustee under this paragraph can’t be beneficiary yet my brother is a beneficiary and as a lawyer himself has conflict of interest with me. What are my rights?

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1 Lawyer Answer
Sally Bergman
Sally Bergman
  • Estate Planning Lawyer
  • San Mateo, CA
  • Licensed in California

A: You need to have an attorney look at both the trust document and the petition your brother filed. You seem to raise valid objections to your brother's appointment as successor trustee. If you were properly served with your brother's petition, you would have had to file an objection to that petition. If you were not properly served, the court's order can be challenged.

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