Legal Question in Wills and Trusts in North Carolina
Mother had a will written in 2002 in Indiana stating all assets were to be divided equally between her 5 children, Dad passed away in 2005 and she then moved in with my sister in Arkansas. My mother had alzheimer's and I was told by the sister in Arkansas the doctors said she was no longer able to sign legal documents in 2011 due to her mental decline. I now find out after Mom passed away my sister had an irrevocable trust done in 2013 as herself as the trustee and sole beneficiary with her new husband as back up. I live in North Carolina another sister is in Minnesota. What state would we need to contest the trust in? Indiana, Arkansas or wherever we live?
1 Answer from Attorneys
Sister cannot have an irrevocable trust done for any one but herself. A power of attorney does not generally give authority to an agent to make a will or trust for someone else. But I am not licensed to practice law in Arkansas and you need to direct your question to an Arkansas law probate/estates/trust attorney who can advise you on Arkansas law.
Arkansas is where mother lived at the time of her death. Indiana is irrelevant as is where you and sister live. The trust would contain a provision indicating what law is to govern assuming it was properly drafted. It should be Arkansas. You need to get a copy of this document and you need to know whether it can be challenged based on invalidity. If not, the trustee can be removed if he/she is not acting properly. Trust litigation is very very expensive so before embarking on this course you need to know what assets are in the trust and what they are worth. However, you still need to talk to an Arkansas attorney to find out what you can or cannot do.
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