Legal Question in Wills and Trusts in California
Ex-girlfriend named in will
My father, who is dying, named his ex-girlfriend as the trustee/beneficiary of his estate, along with my brother & me. She hasn't lived in his house in over 6 years, but the will states that she can live in the house until she dies but she is responsible for the payments. My brother & his family were living there with my dad. Is there any way to have her removed from the will? I believe she has ''durable power of attorney'' too. Since she's not a part of his life anymore is there anything we can do to change this?
1 Answer from Attorneys
Re: Ex-girlfriend named in will
Your father, if he is still of sound mind, needs to amend his Trust and Will to remove her. He should also put in signed writing that he revokes the power(s) of attorney given to the ex-girlfriend.
If he is not of sound mind, you can commence conservatorship proceedings and ask the court to terminate any powers of attorney. The power of attorney would terminate upon death.
Alternatively, your father can transfer the house into the Trust. If the Trust does not contain the provision regarding the life estate to the ex-girlfriend, then making the house a Trust asset would side skirt the provision in the Will.
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