What are the legal reasons that could disqualify my younger sibling from having the role of handling my mother’s estate and being trustee on the family Trust?alcoholic/pill addict

For example, if they are an alcoholic and addicted to pills. My mother is still living.

Asked on March 1, 2015 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It would have to be more than "just" being an alcoholic or pill addict--it would have to be that your younger sibling is not mentally competent to act as an executor or administrator (on the estate) or trustee of the trust. Other reasons that might disqualify him go to misconduct in how he's worked on the estate or trust, such as self-dealing (e.g. diverting estate or trust funds for his own benefit).


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