Legal Question in Wills and Trusts in California

Re: living trusts

An executor is the person who handles the estate through the probate of a will. A trustee does the same thing, through a trust. In either event, you're brother can't change anything without your parent's consent. If your parents lack capacity or are unduly influenced to change their will or trust, then the document can be challenged. There is no requirement in California that two people serve as executors or trustees under any circumstances. I'm getting ready to publish a book entitled "Inheritance Theft: a Con Man's Guide to Stealing Home." It will be available for immediate download in mid December. If you're interested in getting a copy send an email and I'll send you notice when it becomes available.

Re: living trusts

You could mention your concern to your parents, who might or might not decide to amend their estate planning documents to add you and/or your older brother as co-trustees or co-executors.

CA does not require two executors; one is enough to administer an estate.

If an amendment is created during a time that one or both of your parents has dementia, you can attack the amendment in Court.

Feel free to call my office if you would like to discuss this matter further.

Re: living trusts

You could mention your concern to your parents, who might or might not decide to amend their estate planning documents to add you and/or your older brother as co-trustees or co-executors.

CA does not require two executors; one is enough to administer an estate.

If an amendment is created during a time that one or both of your parents has dementia, you can attack the amendment in Court.

Feel free to call my office if you would like to discuss this matter further.