Legal Question in Wills and Trusts in California
My mother is the settlor and trustee of her trust. She named myself and two brothers as co-trustees and beneficiaries of trust assets. Do the co-trustees have the power to override the settlor while she’s alive?
1 Answer from Attorneys
It will depend upon what the Trust documents say.
First, who drafted the Trust? An attorney or your mother by herself?
Second, were you and your two brothers named co-trustees immediately or are you all successor trustees after your mother can no longer act as trustee?
Third, what is the purpose of the Trust? Is the purpose to use the assets of the trust for your mother’s benefit or for all of you?
Fourth, does the Trust itself say how decisions will be made by the trustees?
You need to have the documents reviewed in order to be able to answer your question.
Let me know if you would like to discuss.
- Caleb
Caleb Donner
DONNER & DONNER
LEGAL WARRRIORS
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Westlake Village, CA 91361
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