Legal Question in Wills and Trusts in California

I have hired a lawyer regarding my brothers, power of attorney, he got to care for my parents. My mom just passed away in Jan, and Dad is still living at the age of 90yrs old. His health is not good, not sure how long he will be alive. I feel my brother got the power of attorney in a fraud matter and I have been watching the account. I see he has now contacted a lawyer as my lawyer has been asking for a copy of the trust and will, which my brother refuses to hand over. I have not spoken to him in 2 yrs. I can't even get health info on my Father. Now my question is: Can he use my Fathers money to pay his lawyer? My name is on the checking account, along with his and my parents.

Asked on 3/05/14, 8:39 am

2 Answers from Attorneys

Len Tillem Tillem McNichol & Brown

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Your email implies that your father is incapacitated because otherwise you can get the information you want directly from your father. If this is the case, then your brother is more likely than not the trustee of the trust as a result of your father's incapacity, and that means he can spend trust funds on an attorney to represent him in his capacity as trustee. And, at least on the surface, assuming for the sake of argument that he's not doing anything wrong, he doesn't have to provide you with any information while your father is alive concerning the trust, as your right to information and an accounting begins only upon your father's death. The two exceptions to this is 1) if the trust is an A/B trust in which part of the trust became irrevocable upon your mother's death, or 2) you obtain a court order compelling the trustee and agent to provide an accounting (although you may have to be appointed as your father's conservator to do this).

Answered on 3/05/14, 9:33 am

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