Legal Question in Wills and Trusts in California
Changes to a Living Trust
My mother's current living trust has me as the co-trustee as well as her power of attorney. My only sibling sister, who is not a trustee, is forcing my mother to make changes to her living trust. I'm not sure what the changes requests are. My question is simple, can a trustee make changes without the co-trustee in a living trust. I'm nervous and I would like to avoid any future legal issues.
1 Answer from Attorneys
Re: Changes to a Living Trust
Your mother, as the Trustor (also sometimes referred to as Settlor or Grantor) may amend the trust, not the trustees. As a current Trustee, you should be noticed, or asked to sign an acknowledgment of receipt, of any changes that are made, but she doesn't have to get your permission. You should also be noticed if the power of attorney naming you as agent is revoked.
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