Legal Question in Wills and Trusts in California
Qualifications for Co-trustee
I was appointed co-trustee with my mother just prior to my father's death. My sister is pressuring my mom to make her a co-trustee and co-POA as well. I am totally against it. During a prior probate for my brother's estate (my brother's died the same year as my dad, 2004) she committed several instances of fraud. Specifically, she forged a promissory note between my father and brother, created a phony log of expenses showing monies owed to my parents, told the probate trustee she had a ''Greek statue collection'' belonging to my deceased brother to force his beneficiary (whom she was angry with) to pay for legal fees and appraisals when they were really ''fakes'' bought on eBay, created a phony debit/credit log, contacted the opposing attorney's office on 12 occassions, and lied repeatedly throughout the lawsuit. I do not want such a manipulative and untrustworthy person to be co-trustee with me for my mom's estate. My mom favors my sister, and although she knows what she did now, she is willing to change her trust to give her equal status with me as both co-trustee and POA. My sister is manipulative, dishonest, vindictive, controlling and untrustworthy, but unfortunately, my 85 year old mother bends to her demands. What can I do?
1 Answer from Attorneys
Re: Qualifications for Co-trustee
as long as your mother is competent, she is able to change the terms of her trust, will, power of attorney or advance health care directive. if your father is deceased and the trust held any of his separate property or his share of community property, it is likely that an irrevocable trust should have been created to hold those assets as of the date of his death.
if you believe your mother to be incompetent or subject to manipulation or undue influence by your sister, you may be able to petition the court for a conservatorship of your mother's estate (and/or person) and request that you be named conservator.
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