Legal Question in Wills and Trusts in California
amending of trust and will
My mother''s will (still living, living will and trust) was amended on Dec.2, 2005 without my ( daughter and successor trustee, father died November 2003) knowledge. I was taken off the trust ( Brother now a trustee) and I am not named in the new amended will. My mother fell ( age 89) and has not been the same medically and physically. My brother has taken over the finances and has power of attorney. This all was done withouth my knowledge. I was a successor trustee and in the original will of parents (1986 )was to be the exicutix (sp) This has been changed. Brother now the exicutor (sp) and I cannot contest the new will. I signed nothing but apparently some where I am to receive half of the estate when mother passes. Mother in an assisted living vacility. I have some power of attorney over health issues. Mother memory fading. Please help. Attorney for my mother and father handled the original and now the ammended trust and will. Thank you
1 Answer from Attorneys
Re: amending of trust and will
as long as your mother is competent, she can change her will, power of attorney, health care directive and/or trust in any manner which she chooses. if you believe she is not competent (or was not at the time the documents were changed) or has been subjected to duresss or undue influence, you should contact a local attorney to consider your options (including a possible conservatorship for your mother).
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