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.


Asked on 12/06/04, 4:28 pm

1 Answer from Attorneys

Donald Field Donald L. Field, Jr., Attorney at Law

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

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Answered on 12/07/04, 4:19 pm


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