Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law

I accidentally signed the declination to act as co-trustee…

Customer Question
I accidentally signed the declination...
I accidentally signed the declination to act as co-trustee as did my wife,on the very day that we created our trust.My wife died, but I submitted a form to rescind the declination,and reinstate me as the trustee,because I am named as the trustee of my wife’s estate, in accordance with the trust and her last will and testament.I signed the declination by mistake and advertance.I read it to mean “if” I were unable or sick and could not act as co-trustee-now my step-son, who is the successor trustee is trying to become the trustee.The declination was included in a stack of documents,including several trust documents.I signed the declination because it was presented to me by the drafters, and I was instructed to sign all the documents and I did not understand or appreciate that I was declining to act as Co-trustee of our Revocable Intervivos Trust.All through the documents,we signed statements contradicting this declination.
Submitted: 2 months ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 1 hour by:
12/12/2017
Estate Lawyer: Michael Lykken, Esq,
 replied 2 months ago
Michael Lykken, Esq
Category: Estate Law
Satisfied Customers: 120
Experience: Partner at Soares & Lykken, Attorneys at Law
Verified

Hello, my name is ***** ***** I am a licensed California attorney, please understand that I can only provide you with general information in this forum. Now that the generalities are out of the way, let's look at your question. First, I am sorry about your wife. Second, has your step-son told you that you aren't a trustee of the trust? Last, what exactly is your question? If you can clarify this for me I will be better able to answer your question. Thank you.

Ask Your Own Estate Law Question
Customer reply replied 2 months ago
My question is can I be reinstated as the trustee, since the whole point of our making the Trust was for that purpose?All through the body of the trust and the wills there is contradiction of the declination, the signing of which was based on misunderstanding , which I trued to rectify by rescinding it with the form from the court.
Estate Lawyer: Michael Lykken, Esq,
 replied 2 months ago

Hello, and thank you for your clarification. You mention a form from the court that you used to rescind it, do you happen to know which form that is? It may be a local court form. Generally, I would send a letter to your step-son telling him that you are rescinding your declination to serve as trustee as a mistake. He should then step down. You can always amend your separate property trust to name yourself as trustee of your separate property and one-half of the community property. If he still refuses you, then you may have to go to court. I hope this has helped, and I would appreciate it if you would rate my answer as I don't receive credit for helping you unless you rate my service. Thank you!

Ask Your Own Estate Law Question
Was this answer helpful?
Ask Michael Lykken, Esq Your Own Question
Michael Lykken, Esq
Michael Lykken, Esq
Michael Lykken, Esq
Category: Estate Law
Satisfied Customers: 120
120 Satisfied Customers
Experience: Partner at Soares & Lykken, Attorneys at Law

Michael Lykken, Esq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
California Estate Taxes - how soon is the estate responsible
California Estate Taxes - how soon is the estate responsible for filing an estate as of death taxes?… read more
LegalGems
LegalGems
Juris Doctorate
11,042 satisfied customers
Regarding estate law: my brother's my mother's estate
Regarding estate law: my brother's my mother's estate executor, and as I recently found out a co-owner of her sole bank account (ugh). I'm otherwise a beneficiary on the account. My brother's giving m… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
580 satisfied customers
My friend passed away, leaving no will. There is no estate
Hi. My friend passed away, leaving no will. There is no estate except a house valued at about $100,000. Family members don't have any interest in becoming executor, not even his estranged wife, who ha… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
580 satisfied customers
Estate Cases. Need a Lawyer who is current on. +Estate in
The deadline is near ,need help.It's about our Mother and her death ,propertys… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,341 satisfied customers
Estate is in probate in california. the estate has out of
estate is in probate in california. the estate has out of state assets.1.) colorado home - just sold without going through referee valuation Sold for $260,000 on 1/24/2018 2.) nevada corp operating in… read more
socrateaser
socrateaser
1,031 satisfied customers
I am trying to finish the last bit of my Aunts estate.
I am trying to finish the last bit of my Aunts estate. Everything was in a trust with 5 equal recipients. All assets have been distributed with the exception of her home, which was listed with the tru… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
As the beneficiary of an estate, the attorney of the
Second opinion] As the beneficiary of an estate, the attorney of the Independent Executor asked me to sign a "Waver of Notice Pursuant to Texas Estates Code Sec. 308.002", waving my right to receive n… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
As the beneficiary of an estate, the attorney of the
As the beneficiary of an estate, the attorney of the Independent Executor asked me to sign a "Waver of Notice Pursuant to Texas Estates Code Sec. 308.002", waving my right to receive notice. If the es… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
If there is sale of property in an estate, is the allocation
If there is sale of property in an estate, is the allocation of funds up to the executors or all the heirs?… read more
LegalGems
LegalGems
Juris Doctorate
11,042 satisfied customers
Is the executor of an estate responsible for deceased's
Hello,Is the executor of an estate responsible for deceased's credit card debt . Deceased had no property and no car just a few certificates of deposit she left to her daughter who is the wife of the … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
I am an executrix of an estate. We are selling Real Estate.
I am an executrix of an estate. We are selling Real Estate. I was notified that in order to get Title Insurance the insurance company needs me to fill our a questionnaire. They are asking if Fed/State… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
My father died 30 yrs. ago and last year I put his estate in
Hello, My father died 30 yrs. ago and last year I put his estate in probate in order to sale his house. There was no monies in estate bank account. According to IRS I owe $11, 000 in penalties/interes… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,119 satisfied customers
The question regards to an estate if there was a will naming
Hi the question regards ***** ***** estate if there was a will naming 2 family members each get 50% of the bank accounts normally how long does it take to transfer the assets?… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
I"m an executor of an estate that has designated real estate
Hello - I"m an executor of an estate that has designated real estate to be inherited by a relative. There is no mortgage associated with the property.The issue is that the estate, without the property… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
I am a beneficiary of real estate property in an estate by a
Hello, I am a beneficiary of real estate property in an estate by a man that is now incapacitated. His power of attorney is the only other beneficiary for the estate. He will receive everything except… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
The executrix of my aunt's estate sold the real estate and
The executrix of my aunt's estate sold the real estate and didn't inform the beneficiarys or make any payments as the will instructed. … read more
LegalGems
LegalGems
Juris Doctorate
11,042 satisfied customers
Estate question. I am an Executor of an Estate. The person
Estate question. I am an Executor of an Estate. The person who's Estate I am administering was in the middle of administering her husband's estate with the assistance of her lawyer, when the Executor … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I am the trustee of an estate in California, and at last
Greetings. I am the trustee of an estate in California, and at long last have reached a settlement agreement with my angry, belligerent older brother. The court order stipulates a thirty-day distribut… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x