Full question:
I am my mother's caretaker. My dad set up a Living Trust, which was amended upon his death, but is now in question by my mom. She does not have a copy, nor does she know what attorney handled this. She does know my estranged brother-in-law headed the update process, and suspects it was not done as she wanted it done. She now wants to revoke it, and sign all assets over to me. I would prefer to amend it, or revoke it and establish an amendment, naming my sister and myself as co-executrix's. The attorney who handled the initial trust document won't speak to me, and mom wants me to handle the whole thing. Can she appoint me as power of attorney to do all of this, or where the heck do we start? Mom does not travel, but I can have witnesses and/or notary service come to the house IF I can find a place to start. Mom is 88 and wants this done as soon as possible. I just don't know where to begin.
- Category: Trusts
- Date:
- State: California
Answer:
To change the trust, it’s essential to determine if it’s a revocable trust. If it is, your mother can revoke it and create a new trust naming you and your sister as trustees. However, a power of attorney typically cannot modify or revoke a trust unless explicitly allowed in the trust document.
If the trust is irrevocable, you may need to petition the court for modification or termination. According to California law, a trust can be terminated when it is revoked, or if all beneficiaries consent, they can compel modification or termination (Cal. Prob. Code § 15407).
Since your mother wants to proceed quickly, she can appoint you as her power of attorney to manage her affairs, including dealing with the trust, provided she is competent to do so. You may need to consult with a new attorney to help navigate this process. If the original attorney won’t assist, finding a different legal professional is advisable.
Remember, if your mother wishes to revoke the trust, she will need to follow the proper legal procedures, which may include having the revocation document notarized and witnessed.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.