Legal Question in Wills and Trusts in California
my mother has a living trust that states home is to be sold and proceeds split between 6 children. she is still alive,but has diabetes and alzheimers with chronic kidney disease. we are thinking of looking for a long term care facility for her. my sis has power of attny & is trustee. can we sell home and beneficaries collect their share now.before mother has passed?
1 Answer from Attorneys
I assume your sister is actually a successor trustee because most trusts keep the settlor as trustee until they pass away.
In reference to your question, in a word, no, she is still alive and, therefore, the owner of the home. Further, because she has alzheimer's, she may no longer have the required capacity to make any significant changes to her trust. The asset can be sold, however, and the proceeds used to fund her stay at a long-term care facility; this would be a proper exercise of the trustee's powers.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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