Dad passed away. Adopted son had aged Mom make him a trustee & changed Trust leaving. the adopted Daughter out .
La Crescenta, CA
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Posted about 1 month ago in Probate
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Son was law school educated. Convinced Mom that he would take care of everything.Told mon the Daughter was not cabable of handling money. Had the will and Trust mdified several times easing the Daughter out of the Trust. Fired his Attorney after last rounfd of changes were questioned. Daughter was always misled as to thje Chanes and never allowed to know value of Trust.
Answers (2)Keith
Posted about 1 month ago.
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Did you have a particular question? Did the son get a signed power of attorney from his mother that authorized him to handle all of her assets/finances? You need an attorney experienced in trust and probate matters to possibly contest the trust or at least review the entire situation to see if there are other things that can be done besides contesting the trust, which might be somewhat expensive. Brother had no legal authority to be making changes to anyone else's will or trust. tiekh@yahoo.com Probate Reseracher
Brian Richard Dinday
This attorney is licensed in California.
Posted 22 days ago.
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These situations are very complex and "fact driven". That means that the result and the legal rights will depend on your particular details. How often did you ever see or talk to mom? How did you get along with her? Is there truth to the accusation that you are poor with money? Spend deeply into debt? Borrow beyond your means to repay? Gamble?
Let's assume none of those are true. Is mom still alive? Have you talked to her about it? Is she still in full possession of her mental faculties? Or is she slipping mentally? If you always got along great with mom and especially if brother is actively preventing you from seeing or talking to mom, then we may have a case of financial elder abuse. Do you fear that brother is depriving mom of the use of her own money so as to "save" it for him when she dies? Or are all her needs being taken care of? If brother is lying to mom to get her to change her will and trust and if he is isolating her so that he can control her, then perhaps the County Elder Protective Services should be informed so they can investigate. Another remedy is to seek a conservatorship in court, but if mom believes you are the problem, she will help your dear bro in opposing the conservatorship, so you'd better be very sure of the grounds of elder financial abuse if you take that route. These are always very ugly and emotionally stressful fights. You should consult a local prob ate attorney, sit down with him or her and have a long session to tell the whole story to see if it merits legal intervention. I wish you luck. |