Farmington, CA Estate Planning Law Firms & Lawyers

Obtain the services of a good probate/estate plan attorney and a tax accountant to advise the two of you, re the tax implications and the obtaining of a tax ID number for the estate.

If her will does not mention him and she does not make a new will or codicil, then he gets any community property and either half or a third of separate property, depending on how many children she had.

In California, the trust must be revocable in order to be amended, and then normally only by the person that established the trust, which would be your mother. The fact that she received assistance from you in adopting it does not alter the fact that it was a trust she created for her property; i.e., its HER trust. Sometimes a power of attorney may grant an agent or attorney-in-fact limited authority to amend a trust in which the principal is a Settlor or Grantor, but I would need to research whether that power would go so far as to altering the successor trustees. At her advanced age there may exist questions of her capacity to effectively execute trust amendments or new powers of attorney. You can make court filings at airports?