Legal Question in Wills and Trusts in California
I am the trustee of my sisters estate who is becoming incapacitated. My husband was the successor and now has passed. Must I delete his name from the trust? Is the trust still valid since there is a deceased person named? Also, my other sister is now trying to get a conservatorship. Can she do this?
1 Answer from Attorneys
Your husband's death does not affect the validity of the trust. He is only an alternate trustee, and normally, if a current trustee cannot serve, the trust would designates numerous alternates to serve. You sister may petition the court to get a conservatorship of the person for your sister to manage her health/living arrangement and conservatorship of the estate to manage her finances. If most of your sister's assets belong to the trust, then the trustee would manage those trust assets, and an appointed conservator would only be able to handle non-trust assets.
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