My brother unfortunately is executor of my mother's Living Trust. Can I make him give me a copy - they stole it from my mother's house before I could get a copy. It is my understanding they had Mother sign a new Trust which omitted some of the beneficiaries she intended. Because she was legally blind at the time and trusted them, she would have just signed it. Can I make him accountable for his actions?
I agree with both of my colleagues. The answer to your ultimate question: "Can I make him accountable...?" depends on facts which you do not have, at this point. You need to know how the amendment was signed and what it provides. There may be issues of undue influence, fraud, lack of capacity, etc. You will need a lawyer to assist you with this, if things happened as you suspect.
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Family Law Attorney
You need to get an attorney to help you. Coercion by a beneficiary of a trust should be looked at carefully by a court. Do you know what was in the prior trust? Do you have a copy of it? Beneficiaries under a trust need to be given copies. Your attorney can help you with that.
The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs. www.figgardenlaw.com
Estate Planning Attorney
I agree with Attorney Lewis, but would clarify that as an heir at law, you are entitled to a copy even if you are no longer a beneficiary.
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