California
The attorneys chosen to represent our mother and write up her living trust are not working in her best interest. Are there any conditions that would prevent us from simply having a new attorney take over? The current attorneys point to a clause in the trust that claims a beneficiary can have the trustor verified for competency by two doctors. A daughter in law (the person who "found" these attorneys) has requested the competency test. The trustor is more than competent (in my unprofessional opinion), and the beneficiary (a relative through marriage only) has a track record of unscrupulous behavior toward the family. The trustee is her husband, the trustor's son, who no longer wants to be the trustee. We were all set to make the amendment when the daughter in law spoke up, requesting the competency test. We later learn that the attorneys are personal friends with her. Further, she brought the trustor to these attorneys (to retain them and create the trust) two days after hip surgery when she was on considerable medications.
We simply want to hire a new attorney, have them amend the trust and make the appropriate change to remove the son as trustee and name someone else.
The attorneys chosen to represent our mother and write up her living trust are not working in her best interest. Are there any conditions that would prevent us from simply having a new attorney take over? The current attorneys point to a clause in the trust that claims a beneficiary can have the trustor verified for competency by two doctors. A daughter in law (the person who "found" these attorneys) has requested the competency test. The trustor is more than competent (in my unprofessional opinion), and the beneficiary (a relative through marriage only) has a track record of unscrupulous behavior toward the family. The trustee is her husband, the trustor's son, who no longer wants to be the trustee. We were all set to make the amendment when the daughter in law spoke up, requesting the competency test. We later learn that the attorneys are personal friends with her. Further, she brought the trustor to these attorneys (to retain them and create the trust) two days after hip surgery when she was on considerable medications.
We simply want to hire a new attorney, have them amend the trust and make the appropriate change to remove the son as trustee and name someone else.
Trusts: Changing Attornies
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