Legal Question in Wills and Trusts in California

Does a conservator have the legal access to the equity of a property held in a Trust and removing all the equity without a court order in the state of California?


Asked on 4/14/13, 3:19 pm

2 Answers from Attorneys

Your question depends on all kinds of details that you don't provide. One would need all the terms of the conservatorship and the trust just to start.

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Answered on 4/14/13, 3:28 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

It depends--usually conservatorship assets require court permission to sell or take loans against, but if the assets are in a trust, the trustee would have to be the one spending the money, and his or her authority would have to come from the trust to do so. Often, where a conservatorship is involved, the conservatee's trust is also under court supervision, and certain transactions may require court orders as well. An attorney can answer your question after reviewing the conservatorship file, the trust and any court file regarding the trust, and give you your options.

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Answered on 4/14/13, 8:45 pm


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