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Trustees/Executors wash their hands, now what ?

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K

kzort

Guest
What is the name of your state? CA

My brother and his wife are co-trustees and co-executors of my 93 year old uncle's Trust and his Will, they also hold his Power of Attorney. They walked into the nursing home, where they put him against his will last month, after he had his lower leg amputated due to cancer, and announced that they no longer want an F'ing thing to do with him. They threw is house keys and checkbook down on the bed and walked out !

It states both in the will and trust that my sister becomes all of these things if they no longer choose to be. It also states in the will that the executor is the sole beneficairy ! He owns his own home (about $350,000) and has almost $80,000 in various acounts.

My question is, what does my sister need to do in order to remove my brother and his wife from their obligations. Would a simple revocation of the power of attorney suffice or does the entire trust and will need to be rewritten? Does she need to file anything now with the county clerk or is it done after he passes, (which hopefully won't be for quite a while !)

Thanks.
 


Dandy Don

Senior Member
Easiest thing would be for father to ask them to return the original power of attorney so he can tear it up, but if they won't or don't return it, then a revocation of the power of attorney would be needed.

It goes without saying that the trust and the will would need to be revised to significantly reduce the amount that was going to be left to the disinterested brother and his wife (leaving them a very small amount) but do mention in the will the specific reason that they are being left a small amount so they will have no grounds to contest the will. It might also be wise to suggest to your father that he name only one person as an executor and one person as a trustee instead of having co-executors and co-trustees, as having one person greatly simplifies the process.
 

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