Legal Question in Wills and Trusts in Massachusetts

my mother had my father "sign his money" over to her when he had dementia, because she wanted control of the money. Now she has disinherited her children. Is there any action her children can take to reinstate to my father's trust (the children are his remainder beneficiaries) my father's half of the marital estate (as existed before his death and before my mother "took" his money?


Asked on 5/31/11, 1:17 pm

2 Answers from Attorneys

Alan Fanger Alan S. Fanger, Esq.

Thanks for your question....I am very sorry to hear of this situation. There may be two avenues for challenging the transfer of the funds by your father to your mother: lack of capacity and undue influence. If your mother was handling your father's finances, under recent changes in the law the burden would shift to her to prove that the transaction was NOT the product of undue influence. Since she was of course his wife, she would argue that this is what her dad wanted. However, it appears that she had another agenda, and you could certainly bring this out. The important questions are whether the trust has been already liquidated and if so, whether your mother has any assets that can be secured pending any judgment you might obtain. Please go to my web site, www.lawfang.com and read my blog on trust and estate disputes to learn more about your rights.

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Answered on 5/31/11, 1:31 pm

I would strongly recommend contacting an attorney. Your answer may be as simple as the trusts still exists and you only need to enforce your rights. Feel free to contact my office if you decide you require further assistance.

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Answered on 6/01/11, 10:03 am


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