Missouri  |  Elder Law

Legal Question

Asked on: 5/08/13, 6:40 pm

My 90 yr old mother passed away last month. I am the eldest of her 5 other sons. Her will was written in 1977 and expressedly stated that I was to be the Executor. 2 ˝ years ago Mom went to a Nursing Home. At that time she had 500k distributed equally between all 6 sons. Stocks, bank accounts, real estate all to be equally divided 6 ways to the penny. At that time another brother shrewdly assumed POA. So last Sept. my Mom went into terminal hospice care. The POA brother promptly went into estate attorney mode, establishing an irrevocable trust , naming him as sole trustee, changed every asset to somewhere else, etc. etc. Now he lives in her house, spends her money, and certainly won’t talk to any of his “unfavored” brothers. Do we have any recourse?

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