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 have a question about the Trust Agreement that I need assistance on.

In the Trust Agreement (d) "Compromise of Claims" - The Trustee may, at any time compromise any claims existing in favor of or against the Trust Estate.

Does this mean the Successor Trustee is allowed to amend the Trust Agreement at any time that would affect me as beneficiary?


Asked on 2/08/12, 4:22 pm

3 Answers from Attorneys
Jennifer Rouse Meissner Joseph & Palley

Please see the previous answers to your question which stated no.

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Answered on 2/08/12, 4:46 pm
Aaron Feldman Feldman Law Group

No. The trust should have become irrevocable upon the death of your mother. The clause you have cited relates to claims against your mother or the trust. For example, if your mother had credit card debt on her death the Trustee could settle with the credit card company. Your brother should send you an annual accounting. Also, if the trust is supposed to be distributed you should ask when that is going to happen.

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Answered on 2/08/12, 4:46 pm
Scott Jordan Jordan Law Office

No, that particular language does not mean the Successor Trustee can amend the Trust now that it is irrevocable.

The best advice I can give is that you should schedule an appointment with a local estate planning attorney. The cost for the review is minimal.

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Answered on 2/08/12, 5:36 pm


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