Legal Question in Real Estate Law in California
If an aged parent who owns here own home, has willed the property to her daughter, and voluntarily relinquished trusteeship to that daughter, can she change her will.
1 Answer from Attorneys
Your question doesn't contain all the facts necessary for an answer. First, a will is considered an "ambulatory" document, meaning it can be altered, rescinded, replaced, etc., by the testator during her lifetime. Next, you say the aged parent "owns her own home," but then mention a trust, raising the possibility or likelihood that the trust is the actual owner. Is the trust revocable by the trustor? Finally, trustees have substantial duties toward proper trust management, and cannot run the trust to their own advantage (unless and except to the extent the trust terms so provide).