Legal Question in Wills and Trusts in Arizona

how do I protest trust

I am not sure if there is a trust anymore. My mom passed away and my sister managed to talk her into quit deeding the house to her. Then she sold the house and now the money is in my sisters name. Can I stop this. This was suppose to be divided up been the kids.

but my sister is spending it like water and has been since my dad died. My mom had a revocable living trust. I have got all my sisters old bank books where it shows she has been taking money from moms account for her benefit. My mom was scared to be alone so went along with whatever my mom wanted. My other sister and brother in law have also, seen what she is doing.


Asked on 11/28/06, 10:26 am

2 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: how do I protest trust

Unfortunately a REVOCABLE trust can be revoked and it looks like that is what our mother did. If you think your mother was a victim of your sister's undue influence, you need to quickly contact an attorney to protect your interest. It will be expensive and you may not win depending on the facts. It is worth asking a professional - quickly - before the money is gone.

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Answered on 11/28/06, 6:19 pm
Donald Scher Donald T. Scher & Associates, P.C.

Re: how do I protest trust

You can make a complaint to the police agency where your mother lives against your sister for financial exploitation. You may also make a report to Adult Protective Services for the same thing, but they may be turned away at the door if your mother refuses to talk with the investigator. If you can get the police to investigate, that is best. In addition, you can file a complaint in the probate division of the Superior Court for financial exploitation but you must have evidence to support your claims and to give the judge good cause to take action. There is a self service center at the Superior Court in Maricopa County and there are instructions so that you can try to act on your own, however, it is best if you retain counsel to help you bring such an action in court.

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Answered on 11/29/06, 12:23 am


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