Legal Question in Wills and Trusts in California

A trust was created by my friends son, my friend had signs of demencia and coud not really understand what he was signing, then the son sued a professional his father was using for many years claiming the man was embezzling, which he was not, the the son used the trust to sue. If the trust is deemed invalid, does the lawsuit become a invalid as well.

The son is trying to steal as much as he can. Thank you


Asked on 9/03/15, 8:23 pm

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

It sounds to me that the course of action would be to file for a conservatorship, petition the court to remove the trustee (or even dissolve the trust). The new trustee (assuming the petition is successful) can evaluate the case against the professional whosit and dismiss the case if appropriate. If the trust is invalid, the lawsuit doesn't automatically go away.

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Answered on 9/08/15, 9:06 am


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