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


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).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.