Legal Question in Wills and Trusts in Pennsylvania

Irrevocable trust

My father died 4 years ago and left all his money to my mother (who has advanced alhzeimers). Upon her death, the estate ($500,000) will divided 50/50 (my brother & me). My brother said we had to get this money into a trust into our names so the nursing home wouldn't take all my father's hard earned money. He put my mother in a GREAT alhzeimers nursing home, she is well taken care of. So I signed this IRREVOCABLE TRUST knowing my brother had my mothers and my best wishes at heart and he was being very responsible and wise with the money. THAT IS WHERE I MADE MY MISTAKE. I trusted him, he said there was a sense of urgency and I signed the document without fully looking at all the confusing lawyerize terms. Four years went by and we had a conversation about finances, and her Social Security check came up ($1200 per month). I questioned him what he did with this check and all he had to say ''well it goes the kids graduation, the kids this,...etc'' NEVER to the care of my mother or me. Her bills are being paid out of the trust. And he is embezzling Social Security checks for his own use. Also, I learned he never probated the will and the estate is open (unrelated legal issue). What options do I have?

Asked on 10/20/07, 2:15 pm

1 Answer from Attorneys

Solomon Weinstein Solomon Weinstein, Esquire

Re: Irrevocable trust

You should consult immediately with an attorney. The facts are too complicated to assess without speaking directly with you. Was your brother represetative payee for your mother of the SS check? There are time limitations to violations of fiduciary duty or time to probate documents. Fraud may be involved. Contact an attorney

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Answered on 10/22/07, 2:58 pm

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