Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 5 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 5 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 5 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 5 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
Can a Last Will and Testament specify that a mortgage debt
Can a Last Will and Testament specify that a mortgage debt not to paid from the estate?… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
Good day, I am in possession of my aunts last will and testament
Good day, I am in possession of my aunt's last will and testament from Louisiana. It reads as follows: Last Will and Testament Donaldsonville, Louisiana December 20, 2004 I, Atline Joyce Blackwell-Jon… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
What does Settlor's living issue mean? Florida, Amendment to
what does Settlor's living issue mean? JA: Estate laws vary by state. What state are you in? Customer: Florida JA: What documents or supporting evidence do you have? Customer: Amendment to trust agree… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We gave a Life Estate to our dad. We purchased the estate
We gave a Life Estate to our dad. We purchased the estate and care for him for an additional $1500. We have beliefs that do not include pork or shellfish and as such we do not have it in the house. Da… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Have a big estate problem. Dads estate is worth millions of
Have a big estate problem. Dads estate is worth millions of dollars and the real estate is being liquidated to fund the trust and we are not getting disbursements. This is in Texas. The lawyer and co … read more
Jessica B
Jessica B
Juris Doctor
1,083 satisfied customers
Both of my parents had Estate Willed to Spouse Last Will and
Both of my parents had Estate Willed to Spouse Last Will and Testaments. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
According to the will, estate beneficiaries are entitled to
According to the will, estate beneficiaries are entitled to inherit furniture in defendant's residence. For various reasons, distribution to them cannot yet be made. However, the residence, which is n… read more
LegalGems
LegalGems
Juris Doctorate
11,979 satisfied customers
My father passed this last January and left a large estate
My father passed this last January and left a large estate valued at around $12 million. My sister is the Successor Trustee of the estate. She informed us that she will be taking an Executors/Trustee … read more
Jessica B
Jessica B
Juris Doctor
1,083 satisfied customers
My father passed this last January and left a large estate
Second opinion] My father passed this last January and left a large estate valued at around $12 million. My sister is the Successor Trustee of the estate. She informed us that she will be taking an Ex… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
My brother is executor of my dads estate - in the estate is
My brother is executor of my dads estate - in the estate is a manufactured home that I lived in with my father for over 6 years. My brother gave me a 60 day notice to vacate. Can he do that? The home … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If the grantor of an estate in Illinois died in 2004 with an
If the grantor of an estate in Illinois died in 2004 with an Irrevocable Trust does a deceased beneficiarychdern have any claim Ccoroto the two year Statute of limitations … read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,524 satisfied customers
If a person is the beneficiary of an estate and receives an
If a person is the beneficiary of an estate and receives an inheritance from the estate is the distribution taxable… read more
Expert James
Expert James
Doctoral Degree
12,131 satisfied customers
This is a matter of a life estate. There are disagreements
This is a matter of a life estate. There are disagreements over the following: Beneficiaries listed above (in attachment) think they are entitled to a portion of the property My understanding is that … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,863 satisfied customers
I am the trustee of my mom and dad's estate. The last one
I am the trustee of my mom and dad's estate. The last one died just over 7 years ago. The trust has been settled but I was working with a trust that was not officially signed by my parents. Now one of… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
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
11,979 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
7,863 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
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