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co-trustees

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trust free

Junior Member
name of your state (only U.S. law)? California My parents family trust has gone through a change since my mothers passing (6-'05).At that time dad was Settlor and Trustee. By(3-'06) a notarial Fourth amendment was sent into motion by my dad with the reinstatement of [ Article, 8:Disposition-Death of Surviving Spouse] and the amended [Article 8:Trustees]for the Survivors Trust. The' Disposition' aligns estate assets for distribution out to his two children,myself and my sister.The amended 'Trustees' declares my father(as an individual) and I as co-trustees.Only when one or the other ceases to act the remaining trustee shall act as sole trustee.I have no problem with this and I was looking forward to working in conjunction with him as Co-Trustee. By (12-06) my dad remarried. In a short time after(5-07) my dad made me aware of a Family Trust(5-07) notarial' Fifth' amendment signed only by him,while acting in the capacity of: Settler and Trustee. During the period from; (3-06), to; him presenting to me, a completed , Family Trusts' Fifth' amendment, their were no notifications about or requests to me to participate in Trust Estate' Co-Trustees ' administrative duties. In my opinion the' Fifth' amendments restatements are in contest with its own validity. Duress. This forum has been my 1st legal step.Thanking 'Free Advice'. Please advise with direction. signed*TRUST FREEWhat is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
Are you a cotrustee or a successor or alternate trustee?
Without seeing the trust we can't really make a determination, but it doesn't seem like anything too improper has gone on here.

What exactly are you asking?
Please use complete sentences and only put punctuation where it belongs. Your post is near indecipherable.
 

Dandy Don

Senior Member
You have no proof of duress. Your father had the right (and it was smart to do so) to restate or amend his trust after he got remarried.
 

trust free

Junior Member
co-trustee

Flying Ron Thanks for responding. I'll try to be understandable. According to the fourth amendment, my Dad and I are co trustees for at least the Survivors Trust .My dad is the Surviving Spouse, Settler and Trustee of the Revocable Family Trust.Survivors Trust did consist of three residential and three commercial property deeds along with misc. vehicle titles. As co trustee for the Survivors Trust , I was in the understanding that if changes were to take place to the disposition that they would be done with both trustees coming to an agreement to those changes as we are both responsible for the Settlers reinstatement. 1. Is this line of thought correct? Trust Free asking respectfully for further knowledge.
 

trust free

Junior Member
co-trustee

dandy don W hat is your definition of duress? Please open my eyes to the why. I may be understating feelings by using only one word.I may need more information from you to support other thoughts I have on contesting. With your opener to me ,a first timer, either you are a real DANDY or respect is earned not given. Trust Free
 

seniorjudge

Senior Member
Again, what exactly is it that you think is improper?

Duress means being forced by outside agencies or people to do something that you would not ordinarily do.

This is an extremely general definition.

There is nothing in your posts so far that show any duress.
 

trust free

Junior Member
co-trustee

senior member My self as one of the two Co-trustees of the survivors spouse trust, how could a notarized change be made in the survivors spouse trust legally without one of the assigned responsible trustees knowledge,input or signature? My understanding the legal responsibility of a Co-trustee was that disposition changes take place with mutually discussed agreements with primary respect to all existing assigned recipients. So from this position as a co-trustee left out of and not given an opportunity to exercise assigned responsibilities,what recourse is available to be re- recognized as co-trustee with a legal right to negotiate? At this time I need to know that what ever Legal rights I have been given are not disregarded by others. With existing Durable Power of Attorney now and then after my fathers death I become the sole trustee with the executory of the revocable family trust and his will. In Hopes for understanding thank you for the opportunity Trust Free
 

Dandy Don

Senior Member
Since dad is a settlor and helped to draft the original trust, he has the right to amend it at any time without anyone else's permission or consent. Co-trustees MANAGE the trust together.
 

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