Legal Question in Wills and Trusts in California

My brother is the Son-In-Law of a "Settlor" of an estate who suffers from dementia and has been in the care of her daughter (brothers wife) who recently passed away. The "Trust Particulars" section names my brother's deceased spouse and his daughter as successor trustee(s). My brother and his spouse both lived in the same house where they cared for "Mom" the "Settlor" of the estate. Can his daughter transfer the durable power of attorney to her father? Can she name him as an alternate successor as she is? How to go about this?


Asked on 8/27/12, 12:16 pm

3 Answers from Attorneys
Michele Cusack Pollak & Cusack

It would depend on the terms of the trust document. The current trustee should consult and attorney.

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Answered on 8/27/12, 12:37 pm
Scott Jordan Jordan Law Office

I agree, the terms of the POA and Trust dictate.

I would be happy to review the documents for your family. My telephone number is (925) 362-1725.

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Answered on 8/27/12, 12:59 pm
Donald Field Donald L. Field, Jr., Attorney at Law

the language of the documents is the starting point. you will need to retain a qualified attorney to resolve the numerous issues raised by this situation and provide you with recommendations for action.

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Answered on 8/29/12, 9:33 am


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