Legal Question in Wills and Trusts in California

I am the beneficiary of a TOD (transfer on death) deed for property in California, which is owned by my mother. This document was recorded in 2016. She is senile now, and my brother convinced her to put her property in a living trust in 2017, with him named as trustee. This document has not been recorded. Who will get her property when she passes?

Asked on 10/05/17, 9:42 am

1 Answer from Attorneys

Michele Cusack Pollak & Cusack

Not enough facts- you say your brother is the Trustee, but is he also sole beneficiary? Or is the trust estate left to your mother's children equally? Was a new deed executed and recorded? One thing to consider: if your mother is "senile" in 2017, she was probably already had some degree of dementia in 2016, perhaps enough to be susceptible to undue influence, even if not lacking legal capacity. If I represented either you or your brother after your mother's death, I might advise you to settle and split the estate equally (assuming no other siblings.) But since you are not my client, I can't give you legal advice.

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Answered on 10/05/17, 9:54 am

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