Legal Question in Wills and Trusts in California
I have a friend who is an only child, years ago his Mother went to an Attorney to sign a Living Trust leaving her entire estate (home) to her only son. The Mother is has dimensia and since then has signed over Power Of Attorney to her sister who for the past couple of years has come around once a month to pay the bills and that it. However, it was recently brought to my friend (the only son) that the Living Trust has been changed to dividing the estate with the only son's duaghter, son and ex wife. When son asked the Aunt to view a copy of the Will?/Trust he was denied and I feel he has a valid question. "Because the Aunt has Power of Attorney over his Mother's affairs, can she also make changes to his Mother's Living Trust? Also he stands a good chance of losing the money he recieves from the sale of the home after being slpit 4 ways to Child Support even though the kids were always living with he and his Mother, his ex wife (Now Mother's care taker) collected Welfare(fraudulently obviously) stating the kids lived with her. Please advise...
1 Answer from Attorneys
Your friend needs to hire a probate specialist to file for conservatorship of his mother immediately. Once appointed by the Court he can then manage her affairs, including her estate planning. If the district attorney is trying to collect for back child support he needs to make his peace with them NOW and try to work out a settlement to pay off the arrears.
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