Legal Question in Wills and Trusts in California
was reading some information on your web site that is very helpful to me. I was wondering if you could answer a question for me?
My mother and I signed a irrevocable trust. My mother had co-signed for a home for me that flooded and I filed a lawsuit and the judge ruled only my mother could get settlement money even though I put the down payment down and paid all of the payments. Someone suggested a irrevocable trust so that I could receive the settlement after we go to court in March 2010. It list me as the trustee and my sister as the successor trustee. My daughter and I are beneficiaries. The document was notarized and signed and has direct transfer language that is clear that states all settlement money from the case goes to the beneficiaries. My brother one month later gets a note saying my mother is financially incapacitated so that he can get at my settlement money. Will the irrevocable trust stand ? When my mother signed her MD said she could make decisions. Can you fund a irrevocable trust with a settlement and does her attorney have to obey the trust?
3 Answers from Attorneys
I cannot answer your question from the information you provided to me. It is unclear why the Judge ruled the way he did, it is not clear what your mother co-signing has anything to do with proceeds from ins. it is not clear why you have an irrevocable trust.
Please contact us and we might be able to help
A trust is not established until it is funded. Therefore, this trust may be challenged. Perhaps there may be a negotiated solution. Contact me directly.
this question cannot be answered without reviewing the trust document, the pleadings in the lawsuit and obtaining additional details. you need to retain a qualified attorney to provide you with advise and prepare any necessary court documents.
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