7 years ago I put my house in a trust and use my cousin as the executor of the trust. A month of so ago I tried to apply for a refinance and the mortgage noted that the house is under my cousin's name. I would like to take the house back from the trust and revoke my cousin as my executor. How do I go about that?
First, I assume when you indicate "executor" you really mean trustee. A trust is managed by a trustee. You'll need to review the trust documentation to determine how to remove your cousin as trustee. I also assume that he's not willing to resign as trustee or you likely wouldn't be asking this question. Without reviewing the trust, it really isn't possible to give you advice regarding how to regain control of this property. I would suggest contacting a local attorney who handles trust matters, and determine how you can accomplish this task. Be forewarned - it could require litigation depending upon the language in the trust and/or your cousin's willingness to step down.
David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiagibbslaw.com
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