Legal Question in Wills and Trusts in California

Conservator vs. Trustee

I would like to know what power a legal conservator, an individual appointed to oversee the care of persons no longer able to care for themselves, has over the living trust set up by those persons when they were of sound mind and able to care for themselves. Those same persons have recently died. Does the conservator have any power or influence over the named trustees, in this case a bank, of the living trust when it comes to how, when or even if the trust is disbursed? Should the inheritors expect to receive any formal paperwork or notice from the trustees?

Thank you.


Asked on 9/13/04, 3:45 pm

1 Answer from Attorneys
Scott Schomer Schomer Law Group

Re: Conservator vs. Trustee

A conservator generally does not have power over a trust unless the court has taken jurisdiction of the trust. You should let the trustee know that the settlor (or conservatee) has passed away and then the trustee should commence the trust adminstration procedure, which usually involves sending out a formal notice to the beneficiaries and heirs at law.

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Answered on 9/13/04, 4:24 pm


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