Legal Question in Real Estate Law in Wisconsin

As the Trustee for my parents trust, (Currently just Dad, since Mom passed away), do I have any say as to how Dad spends money? He is 82, and has recently been on a spending spree of unnecessary repairs and upgrades to their already over improved house and most recently, decided to buy another car. He has had one stoke a couple years ago and recently another mini-stroke, and doesn't need a new car. the other one is 2 years old with 25,000 miles on it

Asked on 9/15/17, 9:04 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Every trust is a unique document, so we can't advise you without first reading it. Generally speaking, however, most revocable living trust forms allow trustees to be removed and the successor trustee take over. Therefore, If one can prove in court that a trustee cannot manage his own affairs, one might be able to take over as successor trustee because the existing trustee has become mentally incompetent. Some also have protections for residual beneficiaries to protect themselves from wasting of assets by trustees.

If any answer on AVVO helps you, mine or someone else's, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others . Answering this question does not make me your attorney, but you can post comments here for clarifications, etc. You can also see past answers to similar questions on AVVO at . Also see 15 years of past answers at and . Answers may contain attorney advertising materials and both questions and answers may be may also be used in attorney advertising. .

Read more
Answered on 9/18/17, 4:18 am

Related Questions & Answers

More Real Estate and Real Property questions and answers in Wisconsin