Legal Question in Wills and Trusts in California
Can she control her own money?
I have a client who was named in a will that was drawn up in 1945. After her aunt passed away her said amount of inheritance was invested with a trust company, but since the execution of the will the money has changed hands at least 3 times. She would like to know if it is worth pursuing the right to have her inheritance changed to a different investment company so she can have more control over her income. It is not a large sum of money but it is the only form of security she has. She is 78 years old and has very little medical coverage and she would like to be able to use her own money to pay for her medication. At the present her children are responsible for her house payments and her prescriptions.
Thank you for this service.
God Bless,
Director of Senior Services
The Salvation Army
Turlock CA
2 Answers from Attorneys
Re: Can she control her own money?
I do not understand what is going on. Her ability to direct her own money's will depend upon what the Will set forth in terms of how was to be distributed to her. More importantly she needs an attorney immediately. You need a copy the original document and to get complete legal advice on her behalf. Most importantly, where is this being probated. What county in the state of California did the decedent passed away. What was her principal place of residence.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.
Re: Can she control her own money?
It's possible to petiton the court to end the trust, and it's also possible to petition for a different trustee--sometimes the trustee is also agreeable to ending the trust without a court petition. It's worth talking with an estates/trust lawyer about--she should have the trust with her for the attorney to review.
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