Legal Question in Wills and Trusts in California
Can a conservator obtain a loan after the death of the conservatee? How do you file a petition to be reinstated as Trustee. Was revoked as trustee under fraud. I was never served with any papers and was never told of the court dates until after I was revoked. The successor trustee is not claiming all the assets and she went into my home before she became conservator and removed all the assets of mine and my mothers. She closed my bank accounts and took all the money that belonged to me and my mom. She does claim these things on her final accounting. The trust is irrevocable and it states that I can use the trust retain an attorney but I do not know how to get the courts to do that. Please help.
2 Answers from Attorneys
You need to take all papers you have to a probate lawyer as soon as possible, in that you have asked several questions at once that can only be answered by someone who has looked at your file and the court's file as well. An irrevocable trust and a conservatorship are two very different things and are quite serious in their consequences both taxwise and personally.
I agree with Mr. Seidler. You need to see a Probate attorney as soon as possible. Bring all documents from the conservatorship, the trust and the previous court action that are in your possession with you so that the attorney can review them. As a general rule, the conservator likely does not have the power to obtain a loan (presumably on behalf of the conservatee) after the death of the conservatee. Again, the rights/duties/obligations of a conservator are different from those of a successor trustee.
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