Legal Question in Wills and Trusts in California
About 7 years ago my father and mother had a living trust made. My father passed away, my mother still living. I believe the trust stand as is following his death to my mom then to all the children in age order statrting with my older sisier to youngest brother. my youngest brother stays and takes care of my mother lives there free and my mother pays her bills and some of his. He now wants my mother to remove my older sister from the trust and move his name to the top and delete a sisiter who he had a fight with her husband. He is trying to tranfer money from my moms accounts to his, my mom has about 390,000 cash in bank under the Lee trust. My younger brother is taking advange of my mother and my older sister has many problems and never around. my question can my mom change the trust, I think my brother is trying to make her do it because she has told me, but she saids she wants to do what my dad wished. But its very hard when they get old and i think my brother can make her change it. Also, can they take out anyone of my brothers and sisters from the trust there are 8 of us.
1 Answer from Attorneys
The directions set out in the trust control what happens. If there is no provision to change the beneficiaries then your mother can not do so [but she may be able to close the trust if it is an irreversable trust. Your mother might be able to eliminate the pressure to change the beneficiaries by adding other trustees who have the limited right to determine who gets what. The Trust may limit what can be done with the bank account funds. It would be wise for your mother to pay for a trust attorney to go over the situation with her and figure out what can be done.
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