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dulce2

"protector" of family trust

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My brother has been named "protector" of family trust.  Father is still alive but is in his 90's and not well at all he is in a facility near my brothers home.  Prior to this I had been living at my parents home caring for both mother and father, mother passed two years ago.  I had continued living in home after father had to move to facility. In June I had to have colon surgery and have not recovered and am in a care facility.  My brother is paying my bills and the cost of the family home, fully paid for no mortage. He has been removing things from the house as is his right but I am worried about the future and what a "protector" is in a family trust he is also the trustee.  We live in calif.  Any information would be appreciated.

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My brother has been named "protector" of family trust.

 

The term "protector" exists nowhere in the California Probate Code (which is where the overwhelming majority of California law concerning trusts is located).  For a generic discussion, see http://en.wikipedia.org/wiki/Protector_(trust).  By whom or by what means was he "named" to serve in this capacity?

 

 

 

My brother is paying my bills and the cost of the family home, fully paid for no mortage.

 

I assume he is doing these things in his capacity as trustee of the trust (as opposed to paying them from his personal assets).  Correct?  Who actually owns the home in question?

 

 

 

He has been removing things from the house as is his right

 

Why do you think it is his right to do this?  He only has the "right" to do it if the items in question belong to him.  He might have the legal authority to do it if the items belong to the trust of which he is the trustee.  To whom do the items in question belong?

 

 

 

he is also the trustee.

 

Based on the article to which I linked, the notion of having a "protector" who is also the trustee doesn't make a lot of sense.

 

 

 

Any information would be appreciated.

 

Not really sure what you're asking.  Are you a beneficiary of the trust or do you believe yourself to be a beneficiary?  Do you have a copy of the trust instrument?

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I am a benificary also the term Protector is on the property tax bill for the family home now sent to my brothers house. The house is paid free and clear by my parents. The owner of home on the property tax bill is now my brothers followed by protector on ---family trust. My father being in a facilty is this done to protect the home from being used to pay medical bills??

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My father being in a facilty is this done to protect the home from being used to pay medical bills??

 

No. Naming someone as a “protector” of the trust has absolutely no effect on whether the assets of the trust may be taken by creditors of the trust settlor (your father). In most states of the U.S., including California, the state trust laws do not specifically recognize a trust protector and thus the trust laws do not define the powers and responsibilities of the protector. Instead, the only powers that the protector has will be those granted in the trust document itself. The basic idea of the trust protector is to ensure that the wishes of the settlor are honored by appointing someone who has powers to remedy acts of the trustee that would go against the wishes of the settlor. Don't go by what you see on the property tax bills. That doesn’t doesn't tell you anything about what role, if any, your brother actually has in this trust. You need to read the trust instrument. 

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I understand your grief. I am having a problem getting my mothers insurance check cashed because they sent it out as pay to the order of her name. I am the beneficiary therefore I do not understand why no one I know will cash this check. I need to find some information. I guess I need a lawyer. 

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