Legal Question in Wills and Trusts in California
Amendment To A Living Trust -Substituted Judgement
My father, age 90, has a revocable living trust. I was named successor trustee and the major beneficiary of his estate, a home in CA valued at $200,000. My sister was to recieve $25,000. His mental condition has deteriated significantly and he has lost most of his hearing and sight. He is now under a Conservatorship. I cared for him in his home for 13 years, now he lives with my sister and she is the Conservator. I am still living in his home. The trust specifically states my sister is NOT to be named trustee of the trust, and that my Father is the only one who can amend the trust. After my sister moved him in with her, she took him to a lawyer, had the trust amended removing me as trustee and making her the beneficiary without telling the lawyer that he was under a conservatorship. I wasn't notified of any change to the trust, even though the trust states I was to be notified in writing 30 days before any change was to take place. She is now trying to evict me from his home so she can sell it. My father told me I could have this house for taking care of him. Is the amendant legal?
2 Answers from Attorneys
Re: Amendment To A Living Trust -Substituted Judgement
Depending on the terms of the conservatorship the amendment is probably void. However, you'll have to do something in probate court (file a petition) to have the changes in the trust declared null and void.
Re: Amendment To A Living Trust -Substituted Judgement
What makes this so tricky is that your sister will tell the probate court that she needs to sell the house to take care of your father and if she is right the court will back her up and sell the house. She will have to get a court order to sell the house and when she tries, you will have to argue that Dad does not need tghe money from the house. You will have to prove that there are other assets in the estate to take care of Dad. IF there are not, then you wlil lose your inheritance becasue Dad comes first.
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