One of my relatives in CA has chosen a friend of her to act as Trustee of her Living Trust, and has removed a family member form that position, but made him successor trustee, which for sure provides him with no oversight unless and until the Trustee is removed for any reason. My family has raised a question on this move and stated concerns of undue influence by the ‘friend’. Now what is worse, that relative has refused to provide my family with a copy of the recently amended Trust, including the person who is the successor Trustee. She excuses that as all family members live outside CA, she had to choose a local person to act as Trustee.

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A person can nominate multiple Trustees but this can create a great confusion while administrating the trust. A Trust’s information is always confidential and the Probate Code is obvious that family members are not entitled a copy until the Trust becomes irrevocable.

Again, an individual is not required to stay in CA in order to serve as a Trustee.

If you are suspicious about undue influence from the stated friend, you should immediately take action. Contact Adult Protective Services and an attorney.

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Last Updated on: Fri, 8 Jun 2018

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