QUESTION
Can my husband get his name added to the trust?
Asked on Jul 01st, 2012 on Estate Planning - California
More details to this question:
My husband's sister has formed a trust with my mother in law, who is in assisted living, and not really competent. She excluded her two brother from being co-trustees, one of whom is my husband. He would very much like to be included on the trust because we fear the sister is mis-using her mother's estate and he'd like to protect her. We spoke to his mother the day after the trust was signed, and she scarcely remembered signing it, and then only when asked directly if she had signed something. When my husband explained that she gave complete control of her estate to his sister, and that he knew she always wanted fair and equal treatment for her 3 children, she said she wanted to go to the lawyer and add her sons names. My question is this. Does he need his sister's approval and or permission to have his name added, or is it completely in his mother's power? The lawyer said she warned his sister to include her brothers or face the consequences down the line, but she did not listen, obviously. Nonetheless the lawyer has made it clear that she is not representing my husband. . .she claims to be his sister's lawyer as well as his Mom's Another question. . Doesn't she represent only his mother? We are afraid she won't give us an appt to see her and will protect the sister who is paying her. Would a lawyer in the area be more likely to get us an appt? Thank you for your attention to this. But most important. . .does he need her permission to be made a c0-trustee.
3 ANSWERS
General Practice Attorney serving Glendale, CA
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Law Office of Michael Stafford
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If she is competent only the Mother can add your Husband to the Trust. I would suggest you consult with an attorney to ascertain your rights and to protect them.
Answered on Jul 16th, 2012 at 11:40 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Assuming the mother is lucid, it is her Trust, and only she can amend, revoke or leave alone on the question of whether your husband can be named a co-trustee. As to the lawyer who drafted the Trust, the lawyer represents your mother, not the person who pays the lawyer fees for preparation of the document. You may want to seek the services of another lawyer in your local area, who could advise you about a conservatorship for your mother and her estate, particularly since she cannot remember having signed any documents just preceding your husband's visit with her, and obtain a court order the trust is not a valid instrument. Lastly, should his mother die before anything can be accomplished in determining her intent at the signing of the documentation, then your husband is entitled to a copy the trust at death or soon thereafter, and from his review determine whether he wants to seek a lawyer for probate litigation purposes, to determine his mother's intent and the validity of the Trust; she may have intentionally excluded him as stated in the trust, and the exclusion would be valid; who knows.
Answered on Jul 16th, 2012 at 7:58 AM
The question that must be answered first is whether or not your mother in law was and/or is now competent to execute any documents and then has she been subjected to undue influence. You should consult an estate planning attorney of your own to review all of the facts and documents and see what steps are best.
Answered on Jul 16th, 2012 at 7:55 AM