Legal Question in Wills and Trusts in California

My mother decided to create a living trust, with her brother as the power of attorney. It is outlined clearly and I have been following the stipulations., My uncle has changed various parts of this trust and I can't get any money from him. There are many factors that come into this trust, regarding my present situation. However, the other money will come when I get custody of my kids back. I don't know what to do and who can help me. I would like to talk to someone ASAP regarding this situation, for I am serious as to getting this resolved.


Asked on 8/27/09, 3:40 pm

2 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

I am wondering how your Uncle has the authority to make any changes when the trust was created by your Mother. Normally, a successor trustee does not have the power to do this. There is more information needed to be able to even begin to provide you with a response.

The needed information includes the following:

(1) Has your mother passed away? (I can only assume so).

(2) Do you have a copy of the trust as it read before your uncle made any changes?

(3) Do you have a copy of the trust after your uncle has made changes?

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

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Answered on 8/27/09, 4:53 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

You need to have the power of attorney reviewed to see if the uncle has the power to change its terms. Contact me directly.

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Answered on 8/27/09, 7:58 pm


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