Legal Question in Wills and Trusts in California

trust/will

My sister is the successor trustee of my dad and i am the contingent successor trustee. My sister is taking advantage of this and she is staying with my dad and 2 kids for free and spending too much. She is controlling my dad.I would like the Declaration of Trust be reviewed because this was ammended.


Asked on 4/21/09, 9:06 pm

2 Answers from Attorneys

Donald Field Donald L. Field, Jr., Attorney at Law

Re: trust/will

if you believe your father is not competent or that your sister is using undue influence to cause him to take actions which are against his interest, you should retain a qualified attorney to provide advice and prepare any necessary petitions to the probate department of the superior court.

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Answered on 4/22/09, 12:14 pm
Scott Linden Scott H. Linden, Esq.

Re: trust/will

Was your father the creator/settlor of the trust? If so, why is he an alternate trustee instead of the first? This may have been a drafting error or he may have been trying to release control of assets so they wold not be part of his estate, an unnecessary action if he created a trust.

What you will want to look at is elder abuse. If the person is living with a senior citizen and the trust has been modified to increase their benefits, it is presumed to be elder abuse and the burden is on the other party to show that it was not.

This is certainly a matter that our firm is equipped to deal with on your behalf.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

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Answered on 4/22/09, 2:27 pm


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