Can a Trustee of a revocable trust remove the successor trustee while the Beneficiary is still living?

Asked almost 5 years ago - Los Angeles, CA

I am the Trustee of my Dad's revocable living trust in California. He is over 90 and is going to be appointed a Conservator shortly. My evil sister (trust me :-) wants Conservator of Estate so that she (acting as my Dad's Conservator) can then take action to remove me as the Trustee of the Living Trust. She is currently the successor trustee, and this is her plan to get control of the money.
Would it be possible to remove her as the successor trustee before the judge decides on conservator of estate?? There are no other successor trustees other than her, and a neutral third party being the new trustee (if necessary) would be preferable to my sister.
Do you have any advice?
Also, is it possible to prevent the court from appointing her as Conservator of Estate in the first place?

Attorney answers (1)

  1. Steven J. Fromm

    Contributor Level 20

    Answered . First, just because she becomes a conservator does not give her grounds to have you removed as trustee. There would need to be legal grounds for your removal.
    If your dad was competent, the simply thing to do is for him to amend the trust to have her removed as successor. I am assuming this is not possible.
    You should immediately retain counsel to object to her being conservator and to explore the possibility of having her removed as a successor if CA allows for this. Hire an experienced estate/probate attorney immediately.

    Hope this helps.
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