Legal Question in Wills and Trusts in California
living trust
Before senility hit my father, he changed his part A of will over to me. Now he is in a care facility. Money is spending fast. Does my dad have to sell his side of assets before he can get into his wife (who is deceased) Assets.
4 Answers from Attorneys
Re: living trust
the trust agreement must be reviewed to answer this question. you should consult an attorney.
Re: living trust
If normal language of trust, and depending on other factors, no, certain matters for his health etc. may be able to be used. The trust and situation would need to be reviewed to be certain and to do it properly.
Re: living trust
The answer to your question rests entirely upon the language in the trust document. Generally, trusts permit the husband/father to access the wife's/mother's trust for his health and medical needs, among others.
So to answer your question, a typical trust declaration does not require your father to spend down his trust before accessing the mother's trust.
You should have an attorney review the trust document to give you an answer as it applies to your parent's trust.
If you need further assistance, please do not hesitate to contact me.
Sincerely,
Kai H. Wessels, Esq.
(877-Wessels)
Re: living trust
One can't tell the answer from your question.