My mom got a settlement of over 1 million dollars. Her daughter tricked our 82 year old grandmother into signing my moms money into a trust. The other daughter appointed herself trustee and began spending in herself and neglecting mom. The lawyers that drafted the trust were in on it as well. I petitioned the court to have her removed and she was but the judge appointed a fiduciary that was not a successor named in the trust. More than half of my moms money is gone to theives and corrupt lawyers. My grandmother has told the judge she was tricked and manipulated into signing trust documents and she never met or spoke with the lawyers that created the trust. No one ever saw the trust until I petitioned the court. Once I saw the trust I found out about the trust protector and his powers.
Try to find a good local lawyer that works in the elder law area. Before your grandmother passes she almost certainly be able to revoke the trust. If the trustee has spent trust assets on herself she will have a very hard time explaining this to the judge, most trusts give the trustee discretion but not so much as to allow a theft like you describe. The elder law area and the protections it provides your grandmother are important so see an attorney asap.
Please consult or retain a lawyer for your particular issue.
I agree that you need to discuss this with a local estate planning/elder abuse attorney. I am assuming that your grandmother set up a special needs trust for your mother. Good for you to petition the court and have the original trustee removed. Did you ask to be replaced as successor trustee and the court picked an independent fiduciary instead? Fiduciaries are bound by the highest duty of care to administer a trust on a beneficiary's behalf. Once a court order is in place, it is very difficult to change it without strong grounds. Perhaps instead you should explore pursuing an action against the original trustee and the lawyers to recover monies misspent. Explore these options with an experienced attorney.
You have a lot going on here. A thorough and detailed review of your facts and circumstances is necessary to understand exactly what has taken place. Did you petition for your sister's removal with the assistance of counsel? If so, have you explored the current circumstances with that attorney? If not, you would be prudent to locate an elder law attorney to consult with. You can contact the local bar association or use the Avvo Find a Lawyer Tool for a referral.
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