Legal Question in Wills and Trusts in California
Irrevocable Trust Nightmare (Calif.)
My folks set up an irrevocable trust years ago, with my brother and I as beneficiaries. My Dad passed away recently, and now my Mom seems helpless regarding this trust. She has been told that she isn't even supposed to write a check to buy groceries with the money in the trust. All money should be used towards maintaining the property. She needs to sell a piece of the property in order to make repairs to her home, but she isn't supposed to do that either.
She can not afford attorneys, or a court case to get rid of this trust. She is barely surviving on what is left of my Dad's retirement. She is a senior, on a fixed (small) income. Is there any help to get rid of this trust without all the court fees? Is there a senior advocate that can help her?
My brother and I would happily disown any rights to this darn thing. It seems impossible that she can't even make decisions about her own property, now that my Dad is gone. If selling a piece of the property is necessary, in order to maintain the home, "property", why isn't this allowed? Also, there is so little money in the trust, that court fees would surely eat it all up.
4 Answers from Attorneys
Sorry that your mother is in this position.
Unfortunately, under California law the only way to modify or terminate an irrevocable trust when the settlor is deceased is to petition the court unless the principal value of the trust is less than $20,000.
I suggest that your mother meet with an attorney, she should meet with one who will give her a free consultation and who specializes in trust administration. That attorney can review the trust and all the circumstances and advise your mother. Without seeing the terms of the trust and knowing all the particulars, it is difficult to give a complete response.
Good luck.
You probably received bad advice. She can probably use the trust for other matters. She may not need to get rid of the trust at all. But she will probably need a simple attorney consultation.
I disagree with Ms. Rouse and agree with Mr. Selik. I suggest seeing an attorney and having them review the trust. Trusts don't require court proceedings unless there is a dispute between the trustee and the beneficiaries, which it sounds like you don't disagree.
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