What is the name of your state (only U.S. law)? CA
Father deceased, mother recently declared incapacitated. I am Trustee of parents Revocable Living Trust and a sister caring for mother is the Durable Power of Attorney. She is proposing changing the Trust to give herself our parents' house to make it fair for the years she has cared for our parents. In the Trust document the house was given to another sister in a Special Directive. Wording in the Trust is states that Special gifts cannot be amended or revoked. That notwithstanding I maintain that the wording in the Trust gave the power only to the Trustors, my parents, to make changes to their Trust, and to no other agents. Also I believe that the Trust is now irrevocable since our father is dead and our mother incapacitated. I intend to challenge, but is the Trust a strong enough document so that I as the Trustee have much chance of prevailing? I believe what my sister is proposing is unethical and certainly not what our parents wanted!What is the name of your state (only U.S. law)?
Father deceased, mother recently declared incapacitated. I am Trustee of parents Revocable Living Trust and a sister caring for mother is the Durable Power of Attorney. She is proposing changing the Trust to give herself our parents' house to make it fair for the years she has cared for our parents. In the Trust document the house was given to another sister in a Special Directive. Wording in the Trust is states that Special gifts cannot be amended or revoked. That notwithstanding I maintain that the wording in the Trust gave the power only to the Trustors, my parents, to make changes to their Trust, and to no other agents. Also I believe that the Trust is now irrevocable since our father is dead and our mother incapacitated. I intend to challenge, but is the Trust a strong enough document so that I as the Trustee have much chance of prevailing? I believe what my sister is proposing is unethical and certainly not what our parents wanted!What is the name of your state (only U.S. law)?