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My wife is the executor of my mother in laws living trust.

My wife is the...

My wife is the executor of my mother in laws living trust. My mother in law has dementia and Alzheimer's. My wife's sister is named as second executor if my wife decides to not do the job or give it up. The problem is that my sister in law is constantly going behind my wife's back claiming to be her and makin g doctor appointments and doing everything she can to create havoc. When confronted, my sister in laws says she has the right to do this as my wife is not physically present at the home at that moment and she has the right to do this without asking. My wife wants to remove her from the trust and make someone else the second executor. Can she do this??

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

No. We have sent power of attorney to all the right places, yet the sister keeps doing this and then denies she does. Kaiser has no way of knowing that this is not my wife doing this. my sister in law is very good at brow beating people and threatening to sue

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Thats it

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Answered in 2 minutes by:
3/9/2018
Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 60,891
Experience: Licensed attorney helping individuals and businesses.
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Only the designated agent can act. That agent must act openly and in best interests of the subject person. Once resigned or removed by a court cannot act.A lawyer letter from a local lawyer can be effective in several ways. It can avoid costly litigation and help bring about a settlement. It also helps organize the claim and if it goes to court shows the judge you tried in good faith to resolve it!martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 1 month ago
Can my wife have the living trust altered to change the second executor to a different person
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 46,321
Experience: Texas lawyer for 30 years in Estate law
Verified

Only if the trust agreement allows for her to do this.Check the trust agreement the terms control any ability to replace sister.

I appreciate the chance to help you.

Thanks for rating 5 stars when we are done.

RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 46,321
Experience: Texas lawyer for 30 years in Estate law
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RayAnswers and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 1 month ago
If there is no language either way allowing or not allowing?
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