Is it legal if the grantor is the initial trustee but the successor trustee signed the living trust as trustee? 2 Answers as of February 29, 2016

This person is not co-trustee either. Also the secondary trustee is also the notary on this document which is a 3rd amendment to the original. The secondary trustee is also the attorney who made the changes which are huge. Took his grandson, who grantor had raised and put the grandson's ex-wife to get everything. The ex-wife is also the successor trustee whose signature is on the doc as "Trustee".

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Jeffrey T. Reed | Jeffrey T. Reed
As long as the grantor or creator of the trust is alive and has capacity they are the only ones who can change the trust. If an attorney did this he could be open to ethics claims as well. Also it sounds like the person who signed is also the notary? If so, you can't notarize your own signature. Even if the attorney has some kind of Power of Attorney? from the grantor, this is definitely a stinky deal and you probably need to get an attorney to help you unwind this.
Answer Applies to: California
Replied: 2/29/2016
Law Offices of George H. Shers | George H. Shers
You are confusing various legal terms. A trustor sets up a trust to be administrated by the trustee according to the instructions in the trust document. Anyone can be the trustee and prepare the language of the trust. If no trust existed until the second trustee was appointed, then that "second" trustee is actually the initial trustee. If the trustor is still alive, ask him why the changes were made and did he/she know what the changes meant.
Answer Applies to: California
Replied: 2/29/2016
Click to View More Answers: