A hearing has been set to begin Wednesday July 7th to determine Mr. Sterling’s competency. Obviously, Mr. Sterling is going to bring in doctors to testify that he is competent and attempt to poke holes in the doctors who previously examined him. He will probably also attempt to demonstrate that he is intimately involved in the running of the rest of the empire he has created and may show that he even is practicing law.
It is this estate planning and probate attorney’s perspective that it is going to be difficult for Mrs. Sterling to prevail. While I have been wrong before, and will be wrong again, it appears to me that Mr. Sterling is still competent. While he may not be two years from now, it is the present that matters.
This case demonstrates that even with a mechanism in place to remove a trustee, there can still be issues. Doctors can disagree. Nevertheless, it is still a lot better to have a mechanism in place, than not to have one because the alternative to that is a conservatorship proceeding. More on that in a subsequent post!
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