Legal Question in Wills and Trusts in Colorado

My Dad died in 1982 and in his will he set up a testamentary trust for his half of things which my Mom was to be the trustee to until she "resigns or is unable to" to take care of my Dad's Trust.I am to become the sucessor trustee in either of those conditions. My Mom is still alive and also set up aTrust with her half of everything in it. My sister is her successor trustee. She has become unable to take care of things anymore. The court has retained me as my Dad's trustee to his trust and my sister as my Mom's trust. My sister also requested and has been appointed as my Mom's conservator. My Mom has a life estate in all property income from the property of both trusts for the use for her care and needs until her death, which at that time everything will be split equally between myself, my brother, and my sister. My sister's position is that since she is Mom's appointed conservator, she is in charge of both trusts now. Is this correct? I thought if my Dad set up a testamentary trust, it cannot be changed or adapted after his death! The durable power of attorney my sister has used for years clearly states that that document does not give her any power as to any position or title as to my Mom being a trustee, etc., but she thinks she is in charge of everything because all of the income from both Trusts goes to Mom. Again, is she correct??? Plus she refuses to give me any detailed accounting of my Mom's financials and won't turn over to me any documents concerning my Dad's Trust!

Asked on 12/22/12, 6:43 am

Bernard Greenberg KOKISH & GOLDMANIS, P.C.

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Your sister is incorrect, unless, the Court Order granting the Conservatorship also covered your father's trust.

Your best course of action is to consult with an attorney specializing in estate and trust matters for more additional guidance.

Answered on 4/11/13, 11:43 am

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