Legal Question in Wills and Trusts in California
My father passed away years ago. He made a family living trust, after his death my mother is the sole surviving original settlor and trustee. She made amendement to the trust and made some changes before notary public. during this years the two of the income properties including the house have been sold without our knowledge. There are four children in the family. My brother and sister are very involved, but the other two brothers were left out, and we don't know what is going on. we didn't even have a copy of the trust. After we demand for the copy we've got served with one that has been changed five years ago. How we can get a copy of the original so we can find out what kind of trust do we have? Is my mom would be able to make changes whatever she wants? Is she going to be able to take some of his children out of the trust? I am not sure if there is a will attached to the trust or not. Does she have a right to give power of atorney to her daughter, without any other children's knowledge? Any way we don't know what is really going on. What is our right?
1 Answer from Attorneys
I certainly understand your situation, oh too well. There is no clear cut answer to the question because much of the answer may be in the original trust that she changed. If that one had a standard split, then your father's portion was placed into a separate trust that became irrevocable at his passing.
You do not really have the power to stop her from changing the trustee, unless that was specified in the original trust. Same goes for selling the assets. Unless they were named and placed in the decedent's trust.
Maybe you could provide me with a copy of the original trust so I can review it and see what she could and could not change. Additionally, do you know who the attorney was ho handled the estate at your father's passing? It may also prove useful to speak to this person.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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