QUESTION

Conservatorship and Wills

Asked on Jan 10th, 2019 on Trusts and Estates - California
More details to this question:
When my parents dies, their Will stipulated that my sister (Mary) and I would have dual oversight into my youngest sister (Kathys) affairs. 2 years after their death, my wife and I gained full Conservatorship via the courts over my sister Kathy and her total affairs. Question: Am I still obligated/legally required to share control over her financial affairs with my other sister (mary) ?
Report Abuse

1 ANSWER

Estate Planning Attorney serving Woodland, CA
Partner at Sonin Law
3 Awards
That depends. If your parents left the money for Kathy in a trust, and named you and Mary as trustees, then you are co-trustees, unless you can talk Mary into resigning. I assume that money is in a special needs trust. If it is not, you need to meet with an attorney and make that happen. The court appointed you and your wife as conservators. If they made you conservator of her person, you can make her medical and housing decisions. Being conservator of her estate gives you control of her finances; but those finances do not include funds held in trust.  If she has public benefits, you have or need to get authority as her representative payee. The three roles are separate: trustee, representative payee, and conservator.
Answered on Jan 14th, 2019 at 9:35 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters