Legal Question in Wills and Trusts in California
Where the living trust
My mom and her companion of 35 yrs. made a living trust about 7yrs ago. 6 yrs ago my mom passed away. My sisters and brothers never asked about the living trust to companion. 1 Year ago I found out that companion had gave power of attorney to a friend of his. When we asked what was that all about companion said the living trust was misplace and he went back to the will they had before the living trust. the will states everything is left to companion or vice versa. What i want to know, is changing a living trust legal once a person passes away. The living trust was not the same as the will I mean everything was not his. My mom had things she wanted us to have.
2 Answers from Attorneys
Re: Where the living trust
Generally, living trusts become irrevocable upon the death of one of the settlors (i.e. your mom), but it depends on the terms of the trust. As soon as possible, you should have an attorney review the terms of the trust. If you don't have a copy of the trust, you should make a demand or have an attorney do it. Don't wait until this person passes away, or the assets may be gone or it may be even more difficult to challenge.
Re: Where the living trust
get an attorney who knows what they are doing immediatly, now, even yesterday. the trust as to your mother is still in effect, irrevocable. what has happened to the assets is a good question. don't wait. it appears you don't have a copy of the trust and that is only the first reason you need someone who knows what they are doing -- i am in the san francisco bay arear and if you wish to consult with me 925-945-6000
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