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  1. #1

    Default Converting a Revocable Trust into an Irrevocable Trust

    My question involves estate proceedings in the state of: California

    My mother has a typical revocable living trust in place for herself, the major assets consisting of two pieces of real estate, both single family dwellings that she rents out. She is 87.

    Recently she broke her ankle and is currently in a convalescent hospital. I, her younger son, am the first agent and have durable POA to conduct her affairs while her ankle heals. My brother and I are the beneficiaries of her trust. She wishes to return home as soon as possible. It is unlikely she will ever be able to function as before the accident, will likely be bedbound permanently, and will certainly need an aide to watch over her 24/7.

    She has mild-moderate dementia (bad short term memory, good LT memory, not able to comprehend anything technical above grammar school level). The 2 pieces of real estate should be sold at such time as funds are needed to pay for her ongoing 24/7 care.

    I worry that once she is alone w/ the aide, at some point the aide will coax her into signing over part or all of her estate to the aide/aide's interested parties. She has a habit at the convalescent of giving small gifts to the NA's at the hospital because she feels she needs to "buy" their kindness. My questions:
    a) can her revocable trust be converted to an irrevocable one to protect her from being duped into signing away her assets?
    b) if it can do I, as her 1st agent w/ durable POA have the power to do that?
    c) if the RT cannot be converted (revoking the revocable trust and creating a new irrevocable trust would be too cumbersome and I doubt she would want to go through all the trouble) then what steps can I take to assure she does not sign away her assets?

  2. #2
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    Default Re: Converting a Revocable Trust into an Irrevocable Trust

    If the revocable trust contains a provision where it becomes active upon incapacity, you may seek to establish that your mother is incapacitated under the terms of the trust. If not, look into conservatorship.

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