Legal Question in Wills and Trusts in California

Re: fathers will

It depends. Changes to the trust when father was incompetent are not valid and can be declared ineffective. This will require litigation.

Re: fathers will

If your father was incompetent to make decisions when he made his wife executor... then you should see an attorney and challenge it in court.

With regards to the irrevocable trust question, it depends on the trust terms. There are irrevocable trusts that allow access for discretionary distributions (pretty much any reason that the trustee believes is appropriate), other trusts that require an ascertainable standard to make a distribution (generally distributions for health, education, maintenance and support); other trusts that distribute income; still others that distribute a percentage or annuity amount each year; and even some that do not allow any distributions until a triggering event (such as the death of your Father's wife).

You would need to have someone look over the trust and advise you on the relevant provisions.

Re: fathers will

Before answering your questions, I'd need to review a copy of the estate plan (will and trust).