No response - Son intends to cheat trust distribution assets

[mocean]

What is the name of your state? CA

I asked this question some time ago, but never received a response. I shortened my questions in the hope that someone will respond.

Son was removed as administrator of Revocable Trust due to grand theft (100K) and emotional and verbal abuse of his father. This took quite a bit of doing as the father finds it difficult to see his son as anything but perfect despite his history of ill behavior. Father finally realized his welfare is at stake. He has just received another threatening collections call from someone looking for his son. Wife was removed as administrator, as well and replaced with the only decent child they have; a daughter. Wife has been conspiring with son to spirit money out of the trust.

1) Can the mother (who has been removed as administrator) fire the daughter from administrating the revocable trust and put her son in charge instead if her husband becomes incapacitated?

2) If she can, how can the daughter stop the son from attaining control of the trust?

Sorry for the long drawn out story, but I wanted to be sure I offered enough information in order to receive the correct answers to my questions. This is an acutely ugly situation and I wouldn't be involved if not for the daughter, who is asking for my help. The attorney stated he wouldn't do anything that would allow the son control over anything, but has stopped short of answering whether or not the mother can replace the daughter with her son, as administrator. I've suggested the daughter try to hire a new estate attorney with the cooperation of her father.

I do appreciate anything anyone can offer.

 

[Dandy Don]

The term administrator is incorrect when referring to a trust. The correct term is trustee. Mother would have no authority to remove daughter if the father named the daughter as trustee.

Since you have no direct involvement it would be better for you if you just stayed completely out of the situation, since daughter is correctly retaining the services of a trust attorney. She needs to be asking attorney if there is anything she can do about the withdrawal of monies from the trust by son and mother--you say it is stealing but that may not necessarily be the case if the monies are being used for authorized purposes.