Son of 95 yr old coercing her to change 50% benef to gen skip=limits gifting, muddys HER Trust & tossing her out of his house.

Asked over 1 year ago - Seattle, WA

WA State Son to be successor Trustee. Forced her to give up her house, & live with him, then throwing her out, as he wants a LONG cruise. Refuses to speak to me, his sister, won't say why, even re: plans to transition her to live with me, in CA. He has her amending her Grantor Trust, she signs, as still lives with him, but doesn't understand repercussions to my 50%. She's usually competent, but in & out re fixing muddy trust. He used to be a good son, but now mentally hiding in luggage compartment of bus he's supposed to be driving. I'm willing to drive the bus, & can take her in two months, but how do we change Trust terms w/o alerting him, as may be meaner to her & take "joint" $ . He feeds her/not physically abusive, but mentally treating her as an annoying stranger.

Attorney answers (3)

  1. Amanda Marie Cook

    Contributor Level 15

    5

    Lawyers agree

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    Answered . You need to speak to an elder law attorney regarding this situation asap. There may be proper reasons to do some of these things, or they may be "undue influence."

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can... more
  2. Eric Jerome Gold

    Pro

    Contributor Level 19

    3

    Lawyers agree

    1

    Answered . Attorney Cook is correct. You need to speak with an elder law attorney to assess your situation. Is an attorney handling the matters for your mother in WA? If your brother s exerting undue influence over your mother, the amendments or modifications you are referring to can possibly be avoided. Good luck.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client... more
  3. James P. Frederick

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . These are ALWAYS difficult cases. If the parent is competent, they should be able to do whatever they wish. But if not, and there is some reason to have suspicion in your case, then changes should be set aside.

    There is no way to tell, under your limited facts, what the answer is in your case. For that reason, you need to have an attorney review this with your mother. You should be involved as little as possible.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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