Legal Question in Elder Law in Missouri

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?

Asked on 5/08/13, 6:40 pm

1 Answer from Attorneys

Anthony Smith LawSmith

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.

Good luck

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Answered on 5/08/13, 9:03 pm

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