Legal Question in Wills and Trusts in California
Mother had revocable trust with sister as trustee. How do I remove conservatorship she got after trust was amended? Trustee vs conservator=conflict of interest. Settlor placed in asstd living residence against will. Must stop ASAP. Best course of action?
4 Answers from Attorneys
It's not a conflict of interest for your sister to be trustee of your mother's trust and conservator of her person and estate.
Your mother is entitled to a court-appointed attorney (paid for by your mother's assets) to represent her interests as the conservatee. Contact the Probate Examiner's office. Either that or hire your own attorney to object to your sister's actions as conservator and perhaps seek to remove her as a conservator.
Who are you in all of this?
A trustee and conservator are not necessarily in conflict. The trustee handles the finances while a conservator can be appointed conservator of the person only and is responsible for the care and well being of the conservatee.
You will need to clarify your story before anyone can give an opinion.
Obtain your own attorney to object to your sister's actions as conservator and perhaps seek to remove her as a conservator, experienced in conservator/trust litigation..
It sounds like there's more to this story. There are different types of conservatorships. However, common to them is that the Court is going to oversee expenditures for your mother.
I agree that you should contact a local attorney to discuss the details of what is going on, how your mother needs protection, how the sister (trustee/conservator) is violating her duties either as trustee and/or conservator.
Let me know if you would like to discuss this.
Caleb