Legal Question in Wills and Trusts in California

can a daughter get conservatorship over her mothers estate if both her and her brother are in mothers will as equal trustees? reason i'm asking is that I am fiduciary over my mothers va and they found her to be incompetent, and named me custodial for her...at the same time my brother went and showed letter to social security and got himself added on as payee without her knowing it, what I did was up front, my son is her caregiver and I pay him to take care of her, now her social security ck stopped because my ssi stopped when I went in to ask why they said I was payee for her and not I am not cause my brother went in and changed it, I was never put as payee they reinstated my ssi and i'm fine but now they sent mom and my bro a letter that they are stopping her benefits..she didn't get her ck I handle her cking acct and pay all the bills..what I am asking is do I have to right to try to get conservatorship over her estate...? my brother is an ex felon with soc security and drugs and he got his record cleaned up thank you..


Asked on 1/03/13, 1:58 am

1 Answer from Attorneys
Kelvin Green The Law Office of Kelvin Green

There is no such thing as equal trustees in an estate. you might be an equal beneficiary under a will, or there is a trust that designates trustees...Not enough infirmation here for clarity.

Based on California law you can file a petition. The court first would try and use your mother's wishes on who should be a conservator, if not the court has an order of preference but it is always in the best interest of your mother.

There are alternatives to conservatorship. Conservatorship is when the individual is incomptent to take care of themselves. Representative payee status at Social Security and medical power of attorneys are appropriatevif the only income is Social Security.

Remember all of her money still belongs to her to be used for her care.

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Answered on 1/03/13, 2:21 am


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