Legal Question in Wills and Trusts in California
Mom and Dad made up a large revocable trust for their threechildren. Over 4 million dollars. Mom died in Jan/94. Dad soon took his house out of trust to borrow against to buy second home free and clear. He soon began having girl friends who were interested in him. His second girl friend persuaded him to give her approximately 4/5ths ($ 3000.00 dollars of his monthly income. In early Feb 2011 he was persuaded to go to an attorney and establish his second home as a trust for this girlfriend who he rarely saw. At the end of Feb 2011 he was deemed incompetent by doctors and a judge following a lapse of his memory. I went to California and established a conservatorship for him made up of a Fuduciary and his attorney. The team refused to obey my wishes to have this girl friend removed from the second trust. My Father became uroseptic (massive infection steming from bacterial invasion of his urinary tract. He was hospitalized. Though extremely thin, he lost an additional 12-15 pounds and was unable to walk without assistance. He got up in the middle of the night last Saturday and fell. On Sunday they discovered that he had sustained a right hip fracture. He was operated on Monday night. His blood pressure fell to a threatening level. He never woke up and died at around noon time this past Wednesday. The Fuduciary said that he and the attorney wanted to turn over his 2nd main home to the rarely seen girl friend. I said no. What are my recourses. When does the court appointed contract end regarding the conservatorship.. They have a lot of funds of my father that they're controlling. The original home was placed back into the original trust established by my mother in the middle of September 2011. I will be going to attend my father's wake at the end of October. I live in Wisconsin. Please advise if possible. Thank you
3 Answers from Attorneys
I'm sorry for your loss. The conservatorship ended the moment he died. If they are doing anything under the color of the conservatorship it is illegal. His estate is governed now by the terms of the trusts and any will he may have. Authority is now vested in the trustee(s) not the conservators, unless they are the same people. If you want to contest the second trust on the grounds of incompetence, undue influence or both, you will need to hire a lawyer who practices before the probate court in the county where your father resided.
The consevators of the estate have the authority to pay ongoing expenses of the assets that are under the conservatorship until the final and supplemental acccountings are approved by the court. Part of the court order also includes ordering the conservators to transfer the assets to the trustee or personal representative.
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