Affidavit of successor trustee

[Phs]

What is the name of your state (only U.S. law)? California

Can the executor of a Trust file an affidavit of successor trustee, before someone has died if they have power of attorney over the original trustee?

Then the next day quit claim all the property to himself as the Trustee without even consulting the original trustee?

 

[OHRoadwarrior]

No. That would be a violation of his/her fiduciary responsibility.

Notice to Person Accepting the Appointment as
Attorney-in-Fact
By acting or agreeing to act as the agent (attorney-in-fact) under
this power of attorney you assume the fiduciary and other legal
responsibilities of an agent. These responsibilities include:
1. The legal duty to act solely in the interest of the principal
and to avoid conflicts of interest.

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=47522220381+0+0+0&WAISaction=retrieve

 

[Phs]

No. That would be a violation of his/her .

Is it enough to have another executor appointed if everyone in the trust was to get involved?

 

[OHRoadwarrior]

Is it enough to have another executor appointed if everyone in the trust was to get involved?

I gave you the link to CA law on this when I amended my last post. No, it does not matter if everyone in the trust is involved.

 

[Phs]

The link wont work, Thanks for your help

 

[OHRoadwarrior]

The link wont work, Thanks for your help

highlight everything between and [url], then right click and select "open link in new window"

 

[Phs]

highlight everything between and [url], then right click and select "open link in new window"[/QUOTE] I tried that and the page says this? WAISgate Error The specified action "retrieve" is not known.

Use the input parameter WAISaction to specify an action for WAISgate to perform

 

[OHRoadwarrior]

You do not include in the link, when you copy it.

 

[Phs]

I didn't use it

 

[tranquility]

Can the executor of a Trust file an affidavit of successor trustee, before someone has died if they have power of attorney over the original trustee?

While there are problems with nouns here, a trustee cannot benefit himself over other beneficiaries and, a POA of a person who is a trustee GENERALLY cannot act as the trustee.

Now, rather than ask a legally conclusory question, better would be to say what happened.

 

[OHRoadwarrior]

While there are problems with nouns here, a trustee cannot benefit himself over other beneficiaries and, a POA of a person who is a trustee GENERALLY cannot act as the trustee.

Now, rather than ask a legally conclusory question, better would be to say what happened.

OP, along with others listed in the trust, want to hijack and distribute the trust, before the trust originator dies, via a POA.

 

[Phs]

The executor ,who is the Trustee, has power of attorney over his mother,who is the original Trustee. There are many rental properties involved,and he has now quit claimed them over to himself.His Mother is 95, but has not been medically evaluated, and has not been deemed incompetent, she is just old,and signed the power of attorney because he is her son.
The other people in the trust are not getting anything yet, and probably wont, because he is collecting all rents, and not divulging his activities.He sends no form of accounting what so ever, and has told everyone in the family they are not allowed at the house anymore, or adult services will be notified. I want to notify adult services on him, but I need to make sure my case is worthy.
I am not in the Trust, his mother is my ex mother in law. Just worried about her,they are isolating her,and she is going down hill fast

 

[tranquility]

The executor ,who is the Trustee, has power of attorney over his mother,who is the original Trustee.

This sentence is legally impossible. One cannot be an executor until appointed by the court to manage the estate of a deceased. Power of Attorney only lasts until death (if durable) or incapacity (if not) of the party. So, is the party dead or alive? Is the purported executor currently trustee?

There are many rental properties involved,and he has now quit claimed them over to himself.

Himself as trustee? Who owned the properties, mom or the trust?

The other people in the trust are not getting anything yet, and probably wont, because he is collecting all rents, and not divulging his activities.He send not form of accounting what so ever, and has told everyone in the family they are not allowed at the house anymore, or adult services will be notified. I want to notify adult services on him, but I need to make sure my case is worthy.

Why? Just turn your suspicions over to adult services. The facts known, while not illegal on their face, certainly are suspicious. I'd guess they would do an investigation of some sort.