A person who creates a Living Trust is often held in high regard by their family. This dynamic can make it difficult for both beneficiaries and the grantor to admit they may no longer be fit to fulfill their duties. Still, making these objective decisions is critical to protecting a trust. Determining incapacity is a complex legal process. Here is how California probate law defines the incapacity of a grantor and why you need a premier attorney to prove it:
What is the Incapacity of a Grantor?
In the context of California probate law, incapacity refers to when someone can no longer manage their own financial and legal decisions.
California Probate Code § 810-13 defines incapacity as when someone is ‘without understanding,’ ‘of unsound mind,’ or ‘suffers from mental deficits so substantial that they lack the legal capacity’ to take care of themselves and make appropriate decisions.
Incapacity can be temporary or permanent, and if an individual regains the ability to take personal responsibility, courts can reverse their order. Furthermore, incapacity is most often an element people encounter in Living Trusts.
While determining if a grantor is incapacitated can be essential to protecting a trust, it still requires the expert counsel of a trust attorney to prove it in court.
Examples of Incapacity
Still, defining the incapacity of a grantor under California probate law is complicated, and examining examples is the best way to understand what it is. Situations that constitute general incapacity may include the following:
- Can no longer understand or communicate with others
- Cannot understand the consequences of their actions
- Can no longer recognize people or things that were once familiar to them
- Cannot control their moods and are acting inappropriately
- Can no longer make logical decisions
- Is experiencing delusional thoughts or hallucinations
Sometimes, incapacity may be obvious to observe. However, this is not always the case. For example, while some diseases like Alzheimer’s or dementia can deteriorate mental faculties, a medical diagnosis is not enough for a judge to rule someone is incapacitated.
Ultimately, determining incapacity is a complex legal process that is often imperative to preserve the integrity of a trust.
How Do Courts Determine the Incapacity of a Grantor?
Legally determining a grantor was incapacitated when creating or managing a trust is critical under several circumstances but requires navigating California probate law.
From contesting and invalidating trusts and trust amendments to taking over a trust to maintain it, there are several situations where determining incapacity is essential. Ultimately, courts make the final determination. Proving incapacity requires:
- Consulting with medical professionals for expert opinions
- Running tests and evaluations
- Reviewing medical records to determine the extent of impairment
- Going to court
Medical professionals usually must practice in the state where the grantor created the trust. Typically, the trust will specify that the medical professional must specialize in the same condition they suffer from.
Trusts may also dictate how many doctors or physicians one must consult to establish incapacity. Courts can also exercise jurisdiction and declare a grantor is incapacitated with sufficient evidence, after which they will appoint a guardian.
Depending on the trust document, some individuals also enable a panel of family, friends, and advisors to determine incapacity. Ultimately, this is a significant decision that can have far-reaching consequences on a trust and its assets.
To determine your recourse to either remove a grantor from managing a trust because they are mentally incapable or to contest a trust because they demonstrated incapacity when creating or amending a document, consulting with an expert trust lawyer is essential.
Contact A Trust Attorney to Prove Grantor Incapacity Under California Probate Law
Accepting that a grantor can no longer perform their duties can be hard. However, failing to act has severe consequences on a trust and its assets. Whether you want to proactively appoint a guardian or need to contest and invalidate a trust or amendments made to a document, only a premier trust attorney understands how to interpret the legal language of a trust document and navigate the complex court system.
Fortunately, at Gokal Law Group, our expert attorneys boast unparalleled knowledge and skills and an unwavering dedication to preserving the integrity of each client’s trust. Contact us to learn everything you need to know about incapacitated grantors and trusts.
California trust beneficiary rights are a vital legal tool that empowers beneficiaries to protect their inheritance, preserve the integrity of the trust, and combat incompetent, negligent, or criminal trustees. Still, understanding if you need a beneficiary lawyer to represent you requires first understanding these rights. In other words, you must know the rules before you play the game. Explore our guide to beneficiary rights:
What Are My California Trust Beneficiary Rights?
Determining whether or not you need to work with a premier beneficiary rights lawyer requires understanding your rights.
“Only an expert beneficiary lawyer has the experience in probate and California trust beneficiary rights to interpret the complex legal language in the document, which dictates whether or not a trustee has violated these rights,” explained Abbas K. Gokal, a partner and practicing attorney at Gokal Law Group with 20 years of experience defending beneficiary rights in Orange County courts.
Let’s dive into your rights as a trust beneficiary in California to help you understand if you need to work with a beneficiary rights attorney:
The Right to Receive a Copy of the Trust
You have a right to get a copy of the trust with all current amendments. This document will be like your guiding star throughout the process. Read the document carefully to familiarize yourself with the details. We advise going over it with an expert beneficiary lawyer.
This document will outline the administration and distribution process. Still, trustees are only obligated to notify you they have become trustees. Beneficiaries often must request a copy of this document. Important information in the document usually includes:
- Assets held in the trust
- Real estate asset information
- Bank account information
- Information about any heirlooms
- Contact information for specific parties named in the trust
If a trustee refuses to give you a copy of this document, this is a severe red flag that warrants contacting a California trust beneficiary rights lawyer.
The Right to Receive Accountings and Information About the Trust
Generally speaking, California law states that beneficiaries have a right to information and accounting regarding the trust.
More specifically, beneficiaries have a right to information regarding all changes made to the trust promptly, and they have a right to know the plan to administer and distribute the estate.
California trust beneficiary rights also include a right to a trust accounting at least annually (or when beneficiaries make a formal request). An accounting is a detailed report of all transactions and liabilities a trust has experienced within a specific period.
Beneficiaries also have the right to a reasonable report of assets, liabilities, income, bank statements, receipts, and disbursements.
The Right to Enforce the Terms of the Trust
As a beneficiary, remember that the trustee must adhere to trust terms. If you know or suspect they are not abiding by trust terms, working with a California trust beneficiary rights lawyer is essential to ensuring you receive the distributions you are entitled to.
The trust document will dictate how distributions will work. Beneficiaries have a right to the timely distribution of payments as specified in the document. If a trustee does not adhere to trust terms, you can work with a beneficiary lawyer to enforce them.
The Right to Sue Trustees and Contest the Trust
Lastly, but most importantly, you have the right to combat invalid trusts or negligent, incapable, or underhanded trustees for breaching their fiduciary duty.
If you suspect trust terms may not be legitimate or legal, beneficiaries have the right to work with a beneficiary attorney to contest the trust in court. On top of that, trustees have a legal obligation to fulfill their fiduciary duties.
If a trustee fails to fulfill these duties, beneficiaries have the right to work with a California trust beneficiary rights lawyer to pursue legal action against them.
Has a Trustee Violated Your California Trust Beneficiary Rights? Work With a Premier Beneficiary Lawyer to Receive Justice
Beneficiaries have rights that protect and empower them during the trust administration process. Still, to understand if your rights have been violated and leverage them, you must understand what your rights are and what the trust outlines. At Gokal Law Group, we are the premier California trust beneficiary rights attorneys.
Our team boasts unmatched expertise and experience representing beneficiaries, interpreting trust documents, and empowering them to demand and receive justice. To protect your rights, call us at (949) 753-9100 or contact us. Trust us to guard your trust.
A person who creates a Living Trust is often held in high regard by their family. This dynamic can make it difficult for both beneficiaries and the grantor to admit they may no longer be fit to fulfill their duties. Still, making these objective decisions is critical to protecting a trust. Determining incapacity is a complex legal process. Here is how California probate law defines the incapacity of a grantor and why you need a premier attorney to prove it:
What is the Incapacity of a Grantor?
In the context of California probate law, incapacity refers to when someone can no longer manage their own financial and legal decisions.
California Probate Code § 810-13 defines incapacity as when someone is ‘without understanding,’ ‘of unsound mind,’ or ‘suffers from mental deficits so substantial that they lack the legal capacity’ to take care of themselves and make appropriate decisions.
Incapacity can be temporary or permanent, and if an individual regains the ability to take personal responsibility, courts can reverse their order. Furthermore, incapacity is most often an element people encounter in Living Trusts.
While determining if a grantor is incapacitated can be essential to protecting a trust, it still requires the expert counsel of a trust attorney to prove it in court.
Examples of Incapacity
Still, defining the incapacity of a grantor under California probate law is complicated, and examining examples is the best way to understand what it is. Situations that constitute general incapacity may include the following:
- Can no longer understand or communicate with others
- Cannot understand the consequences of their actions
- Can no longer recognize people or things that were once familiar to them
- Cannot control their moods and are acting inappropriately
- Can no longer make logical decisions
- Is experiencing delusional thoughts or hallucinations
Sometimes, incapacity may be obvious to observe. However, this is not always the case. For example, while some diseases like Alzheimer’s or dementia can deteriorate mental faculties, a medical diagnosis is not enough for a judge to rule someone is incapacitated.
Ultimately, determining incapacity is a complex legal process that is often imperative to preserve the integrity of a trust.
How Do Courts Determine the Incapacity of a Grantor?
Legally determining a grantor was incapacitated when creating or managing a trust is critical under several circumstances but requires navigating California probate law.
From contesting and invalidating trusts and trust amendments to taking over a trust to maintain it, there are several situations where determining incapacity is essential. Ultimately, courts make the final determination. Proving incapacity requires:
- Consulting with medical professionals for expert opinions
- Running tests and evaluations
- Reviewing medical records to determine the extent of impairment
- Going to court
Medical professionals usually must practice in the state where the grantor created the trust. Typically, the trust will specify that the medical professional must specialize in the same condition they suffer from.
Trusts may also dictate how many doctors or physicians one must consult to establish incapacity. Courts can also exercise jurisdiction and declare a grantor is incapacitated with sufficient evidence, after which they will appoint a guardian.
Depending on the trust document, some individuals also enable a panel of family, friends, and advisors to determine incapacity. Ultimately, this is a significant decision that can have far-reaching consequences on a trust and its assets.
To determine your recourse to either remove a grantor from managing a trust because they are mentally incapable or to contest a trust because they demonstrated incapacity when creating or amending a document, consulting with an expert trust lawyer is essential.
Contact A Trust Attorney to Prove Grantor Incapacity Under California Probate Law
Accepting that a grantor can no longer perform their duties can be hard. However, failing to act has severe consequences on a trust and its assets. Whether you want to proactively appoint a guardian or need to contest and invalidate a trust or amendments made to a document, only a premier trust attorney understands how to interpret the legal language of a trust document and navigate the complex court system.