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CalAttorney2
CalAttorney2, Attorney
Category: Estate Law
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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I am planning to have a trust, and have some questions. 1)

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I am planning to have a trust, and have some questions. 1) can I have foreigner to be my trustee? If so, do they need to come over to the US to activate her/his responsibility? 2) I am divorced. My child's mom and I are both legal guardians of our child.
In my trust, I want to assign my relative as successive legal guardian(s). What if the child's mom assigns a different person as legal guardian on her trust? (she and I do not talk much and is likely not agree on this is issue. Not sure if this can be answered
by a probation lawyer or family lawyer, please direct this question to the appropriate lawyer. Thanks.
Submitted: 1 year ago.
Category: Estate Law
Expert:  CalAttorney2 replied 1 year ago.
1) Yes, you can pick anyone to act as a trustee for your trust. While it is generally easier to have someone that lives in the same state, or at least in the same country, as you act as a trustee, there is no prohibition on having a foreign citizen act as a trustee, and with air travel and internet access, this is less of a burden.2) You need to address the guardian of your child with your ex. If you cannot do this amicably (there are many divorced parents that cannot, you are not alone), you need to reopen discussions with a mediator or third party neutral to come up with an acceptable guardian for your child. Ultimately you can force the matter through family court, but as I am certain you already have experience with the family courts, this process is neither fast, nor likely to result in an entirely satisfactory outcome - the best results generally come from a mediation where the parties can arrive at a "mutually agreeable" resolution (even if it isn't either party's optimal outcome). 3) A trusts and estates attorney will advise you on the trust, a family law attorney will advise you on the guardianship. You may find an attorney that can do both, but these really are separate practice areas.

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