Legal Question in Wills and Trusts in California

My uncle died and he had a friend as a primary caregiver, then she helped find another person to be the caregiver. The first friend/caregiver had the entire estate to her. Then he has a trust revised and the first and second caregivers got some of the estate. The first person is sueing stating that the caregiver should get nothing. What is the law for caregivers? How long does the title of caregiver go back?

Thanks

David


Asked on 1/08/10, 5:59 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Being a caregiver has nothing to do with whether the person gets anything upon the patient's death. If the person is named in the Will, they take as decribed in the Will. If assets are correctly placed into a Trust, they are no longer part of the estate as to the Will and those assets pass per the Trust instructions. A promise to give part of one's estate to someone is unenforceable; the person is free to make any arrangements they want in their Will and can change the terms of the Will as often as they want.

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Answered on 1/13/10, 10:13 pm


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