Whittier, CA asked in Real Estate Law and Probate for California

Q: My 95 year old mother originally had a living trust naming myself and my 2 sisters as executors.

One of my sisters who lives with my mom recently took her to an attorney to "preserve her property and her trust".

How can I find out if I have been remover as an executor and beneficiary? My mom is currently in a nursing home and

is unable to answer any questions.

Thank you.

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1 Lawyer Answer
Thomas E. Rossmeissl
Thomas E. Rossmeissl
  • Probate Lawyer
  • Los Gatos, CA
  • Licensed in California

A: Generally, you do not have any right to know how your mother's estate plan is structured. But, if you suspect that your sister has taken advantage of your mother, or has exercised undue influence over her to get her estate plan changed, then you may want to consult with an experienced trusts and estates lawyer near you for specific guidance. Your mother could give you a copy of the updated documents or authorize her attorney to do so. If she lacks capacity, however, and if you suspect that your sister is taking advantage over her, then you may be able to seek a conservatorship to protect your mother. If in the course of those proceedings you discover that there were suspicious changes to the estate plan, there may be steps you can take in court to unwind those changes. You should, however, consult with an experienced attorney near you.

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