Legal Question in Wills and Trusts in California

Re: Conservator setup for Trust Inheritance?

The following answer assumes you are in California. Based on your description, I am making two assumptions. One, that both you and your brother are adults and your mother is still competent to make changes to her trust. In some states you can set up a "spendthrift trust," which protects the trust assets from the creditors of the beneficiaries of the trust. Whether you could set up a spendthrift trust will depend on whether your mother's trust can be amended. Another issue to think about is whether changing the terms of the trust would cause friction between you and your brother. As trustee, you have responsibilities to your brother. You do not want him suing you. Let me know if I can help or if you would like a referral to an attorney in your area.

Re: Conservator setup for Trust Inheritance?

I would assume since the trust was set up by your deceased grandmother that the trut is now irrevocable and not amendable. Application could be made to the Court for the establishment of a Conservatorship. It works easier if your brother would consent. If he won't you have a more involed procedure and might not be able to establish a consevatorship without evidence that he is unable to handle his own affairs.

Re: Conservator setup for Trust Inheritance?

The answer to your question depends on additional facts: 1) What are the precise terms of your gandmother's trust? 2) Will your brother consent to your plan? 3) What is owed now to your brother's creditors and/or ex-wife? If you would like to learn more, please visit our website for a free initial consultation @ www.labusinesslawyer.com.