Legal Question in Wills and Trusts in California

Re: Revocable Trust

Yes, unless he is now incompetent. The trust agreement will usually determine the test to determine his competence,otherwise a court determination is needed.

Re: Revocable Trust

If you feel that he is not well mentally, you might look into conservatorship. If he is combative, though, this could be difficult.

Yes, he can revoke the trust, but it would affect only the assets that he owns, i.e. his separate property and half of the community property. The trust would still remain in effect for the wife as to her property.

Re: Revocable Trust

If the trust is revocable he will generally have the right to revoke at least his community property share of the trust.

The questions that will be asked are whether he had the requisite capacity to revoke and/or change the trust at the time that he did.

If he is not competent at the current time it may make sense to seek to have a conservatorship put into place.

You really need to have a consultation with a local attorney to discuss your options.

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Re: Revocable Trust

the "isn't well mentally" is a question of law...he would have to have a court designate him as incompetant.

As far as closing the trust...remove the assets and start a different trust.

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Scott