Legal Question in Wills and Trusts in California
I have some questions regarding an executor of a living trust. Can she pay herself for staying with her mother for 8 hours a day for one week. Her mother had a care giver taking care of her due to starting stages of dimentsha (not sure how to spell), someone had to be with her at all times. And if the son stayed with the mother after the care giver left shouldn't he be paid for the time he had to stay with his mother?
2 Answers from Attorneys
I would have to see what the terms are of the Trust; most so called "living trusts" are basically Wills without any provision for the withdrawal of any funds until the creator of the Trust dies. Off hand, it would be an obvious conflict of interest for the trustor [executors are for Wills]to be paying herself. This might be a case of elder abuse, although if payments were only for one week the DA would not prosecute. The son would not be entitled to any payments unless the Trust provides for that.
If you wish to hire an attorney to review the documents and determine if any payments should be made, I charge $125 per hour. Since you are speaking of 40 hours at say $20/hour, or $800, it would be worthwhile to spend $100-200 for all parties to be advised as to what they can do under the terms of the Trust.
re: "conflict of interest for the trustor"- he probably meant to type trustee
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