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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.

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

Posted

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 given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

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Posted

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 considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

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Posted

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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