Living Will-Probate

[giovanni??]

What is the name of your state? California state

I live in California but my parents have a living will in Washington State. I left to return to work and my brother convinced my parents to alter the will using his own personal attorney in which the change was making him the power of attorney medical/trust. also there is a clause if you dispute anything you are only entitled to $100.00 Do I have any different legal rights being a resident of California?

 

[FlyingRon]

You're confusing terms.

A "living will" is a name for advance medical directives. It only applies when alive. Probate has no bearing on it.

A "living trust" is the name for a revocable trust. The trust documents describe how the trust functions on death, who the succeeding trustee becomes and what happens with the trust property. The trust "lives on" after death and probate has no bearing on it.

A "will" is a document indicating how the decedant wants property he owns to be distributed. That is what is subject to probate.

The "Power of attorney" goes with death as well.

Trusts typically have "anti-lawsuit" clauses like that in them.

Making him power of attorney and trustee is not a bad idea if they trust him and he is close. The last thing they need is having to get someone a long way away involved when a short-fused decision needs to be made.

The biggest thing is what the will and trust documents say. If you think that they are counter to what your parents intend, you can intercede with them to make the changes.

Being in California confers you no rights with respect to your Washington-resident parents.