Legal Question in Wills and Trusts in California

Both of you need to speak with your father and find out what his real wishes are; if he still says he does not remember changing the Trust and that he does not want it changed as it was, then go to the attorney who drew up the new Trust [might not want to bring your father along as the attorney might start to grill him, but could at that point have your father leave the room]. Ask him why the co-trustee was not given a copy of the trust and not notified, what proof has that your father was mentally competent at the time, what reasons given for change in trust [brother as co-trustee entitled to know--probably not].

Depending upon what the responses are, there may be additional things you can do. It will not be easy, because even if you can get the Trust thrown out, she will just take him another time to a different attorney to have a new Trust drawn up without your brother as a co-trustee. It might be a situation of elder abuse. You have to show that he currently is mentally sound and not that he was ok when the new Trust was drawn up but now is not. Depending on how determined she is, you may have to go to court. You could prevent some of the assets from going to her by making an irrevocable trust [one that can not be changed], but remember your father is the one who married her so has feelings for her and is the one has to live with her, so he may prefer not to fight her. And if he feels he really loves her and she he, then he would want her taken care of financially.

If you need further legal advice or representation, I can handle such matters at $125 per hour [[email protected]; 510-441-2684]. Once you have gotten some more details by doing what I have suggested already, you will be in a better situation to know whether it is worthwhile to continue the fight [how much does your father have ?]

Good luck.

[not proof read]