Legal Question in Wills and Trusts in California

Re: trust

As indicated, this should be covered in the trust. You may want to seek professional help in interpreting it. If the trust is silent on this, such an attorney may want to assist in redoing the estate planning of the settlor if/when s/he gets better. If this isn't covered, there may be other things wrong with the trust (and will), too.

Re: trust

Normally the trust document would provide a method to choose a successor trustee. If not, anyone interested in the estate can apply to a court of competent jurisdiction to be appointed as the successor trustee. Those are the only ways it can be handled.

Re: trust

Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting.

The answer to your question is that no one can sign a document and have that document be effective if they are incompetent. As others have mentioned, the trust should determine this issue (it's one of the basic parts of any valid trust), but in cases where the trust might be silent of where there is no trust, the court has a process to appoint a conservator to manage the trustee's affairs and do what is in his, or her, best financial interests.

I hope this helps. If you do have other questions, feel that you need legal representation, or want legal advice, please feel free to email me directly at [email protected]. It's my pleasure to help in any way that I can. Thank you.