Stockton, CA asked in Estate Planning and Probate for California

Q: Can a Succ. trustee, who is also a beneficiary, file an objection to the trust and still serve as trustee?

If so would they need a separate attorney or would the trust attorney do it for them.

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2 Lawyer Answers
Nina Whitehurst
PREMIUM
Nina Whitehurst
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: A Trustee is duty bound to administer the trust as it is written, just like an Executor is obligated to administer a Will as written. The Trustee or Executor may petition a court for instructions if there is something about the trust or will that is unclear, but if he wants to challenge a trust or will then he cannot also serve as Trustee or Executor because that conflicts with his duty to administer faithfully. He can do one or the other (administer faithfully or challenge) but not both.

1 user found this answer helpful

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: He or she cannot do both, because to do so would be a conflict of interest and would result in a direct conflict between his or her duties as trustee and his or her action challenging the trust.

1 user found this answer helpful

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