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.
Estate Planning Attorney
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 only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Mrs. Cook is licensed to practice law throughout the state of California with offices in San Diego County. She is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, 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.
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 relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold www.EGoldLaw.com Telephone: 818-279-2737 Email: firstname.lastname@example.org
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.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!