Legal Question in Wills and Trusts in California

Can a trustee appointed by the state of California order the surviving spouse to turn her personal bank accounts and credit card. They were married 44 years. She is the surviving named Trustor on the trust a d always has been. All assets were joint and accrued during the marriage. It is the adopted son from a previous marriage who started the judgment. It would leave her penniless as her income is tied to the trust and it has it's own account for the trust. Her husband left her the sole heir to pay out beneficiaries in 6 years. The court has not specified this, rather named her son as guardian ad litem.

Asked on 2/12/15, 5:51 pm

2 Answers from Attorneys

Len Tillem Tillem McNichol & Brown

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Your post implies that the surviving spouse may be incapacitated. If this is the case (or is arguably the case), then it's certainly possible for a trust beneficiary to petition the court to be appointed as trustee.

Or, if the surviving spouse is not incapacitated, then it's possible that she isn't following the terms of the trust instrument, part of which may have become irrevocable as a result of the husband's death.

What I can say is that if he has already taken her to court, then the time for informal questions on a public bulletin board is past - she needs to see a trusts and estates attorney in her community.

Answered on 2/13/15, 9:33 am

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