Colfax, CA Estate Planning Law Firms & Lawyers

Yes, qualified. The child's living parent would have custody. Your will can state a preference for another person to take guardianship of the children, but it is not automatic, it is a statement of your desire. The person (other than a natural parent of the child) will have to petition the court for guardianship of the children. If a parent, or grandparents, are going to dispute custody, in my opinion you should give your personal representative authority to spend estate money on legal fees to support the guardianship petition of the person you choose.

The trustee is bound to enforce the whole trust. The amendment changes those sections it says it changes; if properly drafted it will say that the trust agreement, *to the extent not changed by the amendment, *is ratified and republished. So the trust agreement, as modified by the amendment, is the contract between the settlor and the trustee that the trustee must adhere to. Many trust agreements give the trustee discretion to do or not do certain things. That will be stated right in the agreement. It's a little hard to imagine how an irrevocable trust can have an amendment, since the right to amend the trust is tantamount to a right to revoke (if you amend the right way). Also, a true supplemental needs trust is only available under certain conditions, and can usually not be self-settled. If Medicaid is a possibility for the beneficiary, the trustee should get some good advice from counsel to make this work.

You need to talk to a real estate attorney and also an estate attorney. Your sister should have long ago made demand for the increase in rent. Since she did not do so, she should not now be justified in the increase. If the 3 of you are equal beneficiaries, then you only have to pay rent equal to 2/3s of the rental value, one-third each to your other siblings. You should also get a credit for paying the mortgage.