Legal Question in Wills and Trusts in California

In CA, once a trustor becomes legally incapacitated, does the trust become irrevocable? If a prospective beneficiary swindles the co-trustees with fraudulent documents, can he be disinherited in CA? Is the creation of fraudulent trust documents a criminal offense in CA? If I have asked for and not received a comprehensive legally conforming accounting of the trust expenses and assets, and I am a prospective beneficiary of an irrevocable trust, what do I do next?


Asked on 7/21/15, 9:03 pm

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

The trust doesn't really become irrevocable, as it's possible to amend the trust by court order in a conservatorship/substituted judgment petition, or a petition under Probate Code �3101 (married couple, one spouse incapacitated).

What this means is that you ought to see a trusts and estates attorney about a potential civil elder abuse case, but understand that you have little rights of your own with respect to the trust until the death of the settlor and you can act on the settlor's behalf only if you are his or her agent under a DPOA or you are appointed as conservator by the court.

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Answered on 7/22/15, 9:04 am


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