QUESTION
I don't understand this clause in mom's Trust
Asked on Nov 14th, 2014 on Trusts and Estates - California
More details to this question:
My brother had my mom sign a Trust amendment/restatement making himself her co-trustee and principal beneficiary. He also hid the existence of the Trust from the rest of the family until after my mom was diagnosed with dementia. My brother has now filed for conservatorship over mom. The following clause is from mom's Trust. "Limitations on Trustees. No person who at any time is acting as Trustee hereunder shall have any power or obligation to participate in any discretionary authority which the Settlor has given to the Trustee to pay principal or income to such person, or for his or her benefit or in relief of his or her legal obligations." Does this prevent the Trustee (my brother) from using mom's assets for his legal fees in filing for conservator and/or legal fees related to enforcing the Trust?
1 ANSWER
2 Awards
It is really difficult to comment and that portion of language in the trust without seeing the document to know its proper context. I would suggest that you have an attorney review the Trust and discuss with you what has happened up to this point to give you a clear idea of what your options are and what if any action you should take.
Jon
Answered on Nov 14th, 2014 at 3:03 PM