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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9081
Experience:  since 1983
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My disabled sister has a guardian ad litem. When we sell the

Customer Question

My disabled sister has a guardian ad litem. When we sell the family home my parent's will stated that I (as the executor of their estate) take control of her portion of the asset. I was hoping to set up a disability trust. Would I still be the trustee of her assets or would the guardian ad litem? What do I need to do to carry out my parent's wishes for her care? She is currently 64 years old.
Thanks for your advice,
Tracy
Submitted: 6 months ago.
Category: Family Law
Expert:  N Cal Attorney replied 6 months ago.
Thank you for your question. A guardian ad litem is limited to representing her interests in Court proceedings and would not automatically have any claim to become the trustee. My opinion is that you can set up a special needs trust with yourself as the trustee since the Will already named you as trustee. You can get a free consultation from some of the trust attorneys listed by location here. Please follow up on this with a local attorney. I hope this information is helpful.

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