Legal Question in Wills and Trusts in California
My parents set up a living trust in California with my parents as co-trustees and my sister as successor trustee followed by my brother, then me. After my father died my mother changed the trust to say that she was trustee and my sister was successor trustee followed by my brother and then me. When my mom was sick in the hospital a few weeks before she died, my sister brought her attorney (my sister's best friend's husband) to the hospital and my mom signed a new trust saying that she, my mom, and my sister will be co-trustees of the trust. If my sister ceased to be co-trustee, the successor co-trustee would be my brother. If my brother ceased to act as co-trustee, the successor co-trustee will be me. A power vested in the Co-trustees need not be exercised by their unanimous action, but may be exercised by an individual co-trustee. My mom has since died. Is my sister now sole trustee or successor trustee or is there a difference? What reason would they have for making that change on her deathbed? Is my brother a co-trustee? Thank you.
1 Answer from Attorneys
It is important to review the entire document (or documents in this case) to give a complete and accurate answer. You say your Mom created a new trust, but it sounds like she amended the trust to change the trustees slightly. It sounds like all that happened was that your sister became a co-trustee with the power to act individually. One reason to do so would be so that there would be a trustee acting during your Mom's last illness if things needed to ne handled that your Mom was not able to take care of. Giving your sister a power of attorney might have accomplished the same result. Without reading the document it is impossible to tell whether your brother should now be acting as a co-trustee with your sister or whether she has the power to continue to act alone. I hope this helps. If you have further questions I would be happy to assist you.
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