Legal Question in Wills and Trusts in California

Trust

My mother put her home into a trust

for my sister and myself and put us

in charge of the trust. It says we can

basically do whatever we want with

it.

At that time she had enough income

and insurance to cover if she needed

to go into a nursing home. She felt

she had protected all her assets so

that she could leave everything to

my sister.

Her husband cancelled her insurance

after she was diagnosed with

Alzheimers and used up a large

portion of her money. She had also

put us in charge in case she were

not able to take care of herself but

we were not aware of this. Only her

husband knew and he never told us.

He is very wealthy and we had no

idea he was using her money.

To make a very long story short she

is running out of money and I want

to know we can be forced to use the

house to pay for the amount that

her income doesn't cover.


Asked on 11/15/07, 11:46 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Trust

If the trust is an irrevocable trust, then the house is not hers and it is not available to her creditors. If it is a revocable trust, it is available to her creditors.

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Answered on 11/16/07, 1:02 am


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