The Counselor Blog
The Incapacity Issue – How to Remove an Incapacitated Trustee
Next week in Los Angeles County Probate Court, a trial will occur to determine if Donald Sterling, the now infamous owner of the Los Angeles Clippers, was properly removed as a trustee of the Sterling Family Trust. Sterling’s removal paved the way for the Clippers to be sold to former Microsoft CEO Steve Balmer for $2 billion. Sterling was removed after two doctors determined that he was mentally incapacitated and, as a result, no longer able to manage his own legal and business affairs, nor that of the Trust. The Trust provided for a removal in such instances. Sterling has now sued to be re-instated as the Trustee.
Choosing a Trustee
One of the most difficult tasks in the estate planning process is the selection of a trustee. I always say a bad Trustee can ruin a great Trust.