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?
1 Answer from Attorneys
It sounds like you may need to attack the trust. It may have been unethical for a person acting under a power of attorney to write a trust, naming themselves as Trustee and beneficiary. You can also present the will to probate, along with your application for letters testamentary. You will need to consult directly with counsel in your area, to complete these tasks. Either way, you and your attorney can find out what the one brother has done, and how best to make things right.
Related Questions & Answers
How can I visit my grandmother when the place she is living at, the owner says I'm... Asked 4/02/13, 7:33 pm in United States Missouri Elder Law
How do i find out about pention if place of imployment has closed Asked 3/06/13, 8:23 am in United States Missouri Elder Law
If i'm the sole provider of means of dr.appointments ect. should i be charged for... Asked 2/07/13, 7:00 am in United States Missouri Elder Law
My husband died eight weeks ago and I need to have a new will prepared, general... Asked 1/19/13, 12:39 pm in United States Missouri Elder Law
My father is involved in a scam that has lost him and my mother over 40K and... Asked 4/24/12, 2:09 pm in United States Missouri Elder Law