Legal Question in Wills and Trusts in California
If a trustor is declared incompetent by doctors, does it have mandatory review by a court in California?
2 Answers from Attorneys
Only if you ask for it by filing the right paperwork.
Some trusts provide for a successor trustee to take over if the Settlot/Trustor is no longer competent to act and often that is determined by having declarations from 2 doctors. The question is what is your role in this trust? If you are the trustor and feel that the trust is being taken from you improperly, then you might want to take one path of action; whereas, if you are the successor trustee then you might do something else. Finally, if you are a residual beneficiary, you may be entitled to accountings and other information going forward based on the trustor's incompetency. You need to meet with an attorney who can review the actual trust instrument and tell you what rights the various parties have.
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