Legal Question in Wills and Trusts in California

Hello I am power of attorney and consecutive in mothers living trust can I change anything for tax purposes in the trust it is in her name only and she is still with us has alzheimers and dementia . It is irrevocable I believe I'm away so I can't read it


Asked on 12/15/15, 5:59 am

2 Answers from Attorneys

Michele Cusack Pollak & Cusack

It's probably a revocable trust, and it probably can't be amended by anyone but your mother. But no one can answer your question without reviewing the document.

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Answered on 12/15/15, 7:35 am
William Christian Rodi Pollock

I agree. You also seemed confused about the trust. A trust is run by a trustee. I'm not sure what a consecutive is. Your power of attorney may include some authority, but it seldom allows such an amendment. Seek counsel who is familiar with estate planning matters. In some instances a court can implement changes, but it is unlikely you can do so. She may not be able to change it either if she does not have testamentary capacity (or contractual in a trust).

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Answered on 12/15/15, 10:30 am


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