Legal Question in Wills and Trusts in California

Living trust used before death

My grandmother (91) was tricked into naming her son as successor trustee when she was sick. She, felt better and went to the attorney and changed it to the attorney being the successor trustee in 2004, then she re- did the whole thing and named me as successor trustee in 2006, leaving everything to my sister and I equally. This leaves out her daughter and son, whom she has been at odds with for 45 years. She deeded her home to me at the same time she made me her successor trustee, but I have not recorded the document until I was sure she didn't need her home any longer. She's in assisted living now. The trust calls for two doctors to say she can't handle her affairs any longer. We have that. She gets really confused more now than ever. I've been relunctant to take over, cause she wont' be happy about it. If and when I do, according to the trust with two doctors statements, I'd like something from the courts saying I have the authority to do so. Even though the trust agreement says I can. How do I go about getting that and what is it called. My mother and uncle will more in likely fight me and I want to have the courts on my side.


Asked on 9/03/08, 7:38 pm

1 Answer from Attorneys
Cheryl Anne Woodard Cheryl Anne Woodard, Attorney at Law

Re: Living trust used before death

It is reasonable to apply to the Probate Court for approval and ratification of the acts of the successor trustee in this type of situation and shows good judgment find out whether this approval is the best course. Get a qualified local probate attorney to advise you and guide you through this.

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Answered on 9/04/08, 4:35 pm


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