Legal Question in Wills and Trusts in California

My questions is and complicated: My parents did a will and trust back in 1999. After my Dad had a stroke, my brother and I are the only siblings. He is the manager of the estate. In 2011, he put my 88 yr old Father in a nursing home and soon to follow my 85 yr old mother, he made plans behind my back, after many months of telling him they need home health care. I live out of state, while they live in Calif. He spent very little time with them, and didn't know about what stage or frame of mind they were in. He kept saying they were fine, when I had to fly there and find no food, messy house, etc. When mom went into a nursing home, behind my back he had her sign a power of attorney, I asked for a copy through my lawyer and got no answer, so he could rent out their home to his step son. He put them in his home and hired home health. He lives down the street with his new wife. I had no idea of the plans, and he gave a good deal to his step son to rent the house, not enough to cover home health care, as I wanted the house to be sold, I tried to speak with him regarding VA assistance for my father, and he refused to look into it with me. Well, the time came where my father got VA assistance and my mom has passed away. I got a text message telling me she passed. There is no other living family members. My Dad is now 90 yrs old, before my mother went into a nursing home, she stated "Your brother is going to try to buy you out" Can he do that, as their wishes were to sell the home and split. I would like the money to go to my Dads home care..Can I ever take over this Will and Trust and overlook things instead of my brother. He will not tell me when my Father passes, I am sure it will be handled the same way.....

Asked on 1/30/14, 4:28 pm

1 Answer from Attorneys

Scott Jordan Jordan Law Office

Yes, you can challenge your brother's handling of the your parents' finances and seek his removal. If successful, since you are not in-state, you will either need court permission to move your father or you will need to hire a private fiduciary to oversee your father's care and finances.

Do you have a copy of the trust from 1999?

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Answered on 1/30/14, 4:52 pm

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