Legal Question in Wills and Trusts in California
established trust
i have been taking care of an elderly friend who is financially taken care of by an existing trust. he says that when he passes he would like me to have some money for taking care of him.
his brother is in charge of administering the trust.
can my friend bequeath me money from the trust? my friend is also an american indian, from where some of the money is coming.
thank you.
2 Answers from Attorneys
Re: established trust
You need to look at the Trust document but it probably provides for payments only for your friend's health and financial care. Whether that can be read to include payments to those who take care of him depends upon the language, but it would be for current payments and not on his death. My guess is that you would not get anything and if all his assets are in the trust, he has no control over them.
Re: established trust
It depends upon the terms of the trust. Is is a revocable living trust with him as the Settlor or is he a beneficiary of someone else's trust. Does he have a power of appointment that would allow him to direct a gift to anyone upon his death? You question cannot be answered without knowing the details of the trust and his relationship to it. Then, still, is the question of the mechanism by which he would make the gift, his capacity at this time and how to assure that any gift would not be successfully challenged on the basis of fraud, duress or undue influence, frequently a concern when gifts are made to a caretaker?
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