Successor Trustee as Living Trust Claimant

by Calamus Aven
(Los Angeles, CA, USA)

My sister, the successor trustee of my parents' living trust upon their simultaneous deaths in CA in Nov 2007, is claiming that the Trust owes her $158000 as compensation for her care of my parents over the last three years.

She intends to pay this money to herself out of the trust as if she were a creditor seeking compensation against the trust assets.

There is no documentation to support my sister's claim that my parents wanted to pay her for her services (they had home health care workers attending to them 8-12 hrs/day up until the end).

I am uncertain what to do, as she controls the trust.



Editor's Note: Other comments welcome, but I'd say you need to talk to a good, local estate planning/living trust attorney.