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

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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: 8 months ago.Category: Estate Law
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Answered in 1 hour by:
12/12/2017
Estate Lawyer: Michael Lykken, Esq,
 replied 8 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.

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Customer reply replied 8 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 8 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!

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