Legal Question in Wills and Trusts in California
living trusts
my father has a living trust. he has become incapacitated.
his newphew is now the trustee.i am a beneficiary of my fathers living trust. do i have any rights ?? the nephew is
handling the business affairs. i don't know if he's doing a
good job or not should he be telling me what he's spending?
also, as far as dealing with my father should he be interfering with our personal relationship. he is only suppose to make financial decisions so i thought. i am not
a blood daughter (relative) i am a foster child . i am 42
does this fact make any difference.
1 Answer from Attorneys
Re: living trusts
In order to provide a complete and correct answer to these questions, a copy of the trust must be reviewed. Were you ever formally adopted? Is your father under a guardianship? Does his nephew hold a durable power of attorney for asset management or an advanced health care directive?
SEE:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=15001-16000&file=15640-15645
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16060-16064
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16420-16421