My Mother has a living trust in which I have no copy of. My sister is power of attorney and has filed Quit Claim D on property.

Asked about 1 year ago - Apple Valley, CA

I am very disturbed. My sister has my mom living at her house. My mother was diagnosed with early stages of Alzheimer's 18 months ago. My sister tells me NOTHING. The quit claim grants Sister ( A married woman ) sole and separate property. Noted on 4/25/2013. My mother did remove my brother 3 yrs ago due to sudden death. My Mom worked for 38 years with Prudential. She has Life Insurance and god knows what else. Her property was paid for in cash. Can I obtain a copy of her Living Trust now that my sister has taken over all of her affairs. My sister also has leased my mothers home. Now she is selling all of my mothers belongings. My mom is not capable of making these types of decisions. My sister will not allow me to be alone with my mother and has quit her job to be with Mother 24/7. T Y

Attorney answers (3)

  1. Charles Adam Shultz

    Contributor Level 19

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    Answered . Unfortunately your only option is to pursue conservatorship proceedings. The conservator will be able to get the trust and can look into the propriety of what you sister is doing. The court can also freeze or void any powers or documents your sister created or got your mom to sign. You should do this sooner rather than later.

    Look for a Elder Law attorney with trial and litigation experience. You need someone who is not afraid of confrontation.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more
  2. Joseph Michael Pankowski Jr

    Contributor Level 18

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    Answered . I am sorry for your circumstances. Unfortunately, in your case, you are not entitled to copies of your mother's estate planning documents while she is still alive. With that said, you can retain an experienced probate attorney and petition a probate court to become your mother's fiduciary. As such, you will manage her finances and make her health care decisions. Of course, your sister is likely to oppose you, which is why having the best legal counsel you can afford is going to be vitally important. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor... more
  3. Michael Leo Potter

    Pro

    Contributor Level 19

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    Answered . I can see and appreciate your frustration. I recommend a consultation with an Estate Planning attorney in your County. See Avvo.Com under Find-A-Lawyer. Good Luck!

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