QUESTION
What can I do to stop my wife's brother from becoming her trustee after our divorce?
Asked on Aug 04th, 2014 on Divorce - California
More details to this question:
My wife had multiple strokes after whole brain radiation treatment. She can not walk and right side of her body is paralyzed and has limited cognitive function. Her lawyer brother decided to become her trustee after not seeing her for 26 years. We are in the midst of a divorce. What can I do to stop him? We were married for over 26 years.
2 ANSWERS
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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There cannot be any changes while a divorce is pending. After that, it is up to your wife to decide who she wants to be trustee of her estate.
Answered on Aug 06th, 2014 at 3:38 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You are divorcing her, so you lose your right to interfere with who becomes her trustee. However, if you have proof of the brother being disbarred for illegal activities, or fraud, then perhaps a court may listen to you. You could ask the court to appoint a Guardian Ad Litem to represent her interests in the divorce and the GAL MAY become involved in who the trustee is - I think you mean conservator rather than trustee. N
Answered on Aug 05th, 2014 at 10:42 PM