Legal Question in Wills and Trusts in California

POA/Living Trust

My father died 2/07- I have POA for mom who is now in alzheimer home. My dad left their SF home valued at approx.$700K under life estate with his 3 daughters as tenants in common- we are trying to avoid probate and want to do living trust. My POA gives me power for trust and changing deed of trust- my question is in developing the trust can I name my other sisters as trustees under the living trust- in order to avoid conservatorship, we would like to keep the PoA I have for my mom- I have both financial and Medical- the trust will only be funded by the house- her other assets will remain under the POA I have now -


Asked on 5/14/07, 9:59 am

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: POA/Living Trust

if the real property was in your father's name and not held as community property or in joint tenancy, probate will likely be necessary. you should retain an attorney to review your documents and advise on this and the possibility of using the durable power of attorney to establish a revocable trust for your mother.

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Answered on 5/14/07, 11:42 am


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