Legal Question in Wills and Trusts in California
My Mom was the Grantor and Trustee. My brother is the Successor Trustee after her death in June of 2010. I would sincerely appreciate your assistance on this Trust Agreement.
In the Trust Agreement "Revocation and Amendment"
1) This Agreement and trust may be revoked at any time during the life of the Grantor delivering written notice of revocation to the Trustee or amended by written document executed by the Grantor and the Trustee.
2) Upon revocation of this Agreement, during the lifetime of the Grantor, the Trustee shall deliver all assets of the Trust Estate to the Grantor.
3) Except as hereinabove provided, this Agreement and the Trust is irrevocable and shall not be subject to amendment. In the event of any revocation, the revoking party shall indemnify the Trustee in a manner satisfactory to it against liabilities by the Trustee.
Does this mean the Successor Trustee is allowed at any time to revoke or amend any part of the agreement after the death of the Grantor?
2 Answers from Attorneys
No. Upon the death of the grantor, the successor trustee must abide by the terms of the trust agreement. He is not allowed to make changes as he sees fit.
You should immediately contact a probate attorney in your locality.
No. Mr. Kohler is absolutely correct and his advice is sound.
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