What to do if I have a joint trust with a significant other who is now incapacitated with dementia?

The only accounts we have funded in the Trust name are 2 bank accounts. In the meantime, he is now incapacitated; he cannot sign documents. I want to protect my house from probate. My house has nothing to do with our existing Trust. I purchased it well after the other Trust was created. Can I create a new Trust in my own name? I ask because I cannot revoke or amend the other Trust without his signature and he can’t sign for things anymore. So I want to make my own Trust. Is this okay?

Asked on March 12, 2015 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I am so sorry for your situation.  I urge you to take all the documentaton to an attorney in your area for just a consultation so you know what have already and what can be done now.  If the house is in your name only you can create and transfer it in to the new trust.  But if the deed requires two signatures - your and your husband's - then you may not be able to do it.  Good luck.  

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