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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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my brother is incharge of a living yrust for the parents and

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my brother is incharge of a living yrust for the parents and i am not getting any inheritance upon the death of my mother since the stepfather has alzheimers, my brother cohersed my mom into signing everything over to him what recourse do i have
Welcome! Thank you for your question. I need a bit more information so that I can answer your questions.

How is your mother's mental competency? Are you saying that your mother set up the trust and placed assets in the trust? Is your mother still alive?

Thank you,

John
Customer: replied 3 years ago.

my mothers mental capacity is ok, she does have congestive heart


failure, kidney failur and emphasema. My brother and his wife have set up a livingliving will and he is the trustee iver it i just found this out they did this 04/20/11

You say your brother and his wife set up a living will. Do you mean that your mother set up a living trust that your brother is trustee over? Is your mother the beneficiary of the trust? Who is the beneficiary of the trust at the death of your mother?
Customer: replied 3 years ago.

i guess my brother since he's the trustee tyhey are not sharing any info


with me


?

To really know that you have been disinherited from this trust you have to see a copy. You need to look at the beneficiary of the trust during your mother's life (likely your mother) and after her death (likely you and your brother). If this is the case then the trust is likely something good that protects your inheritance.

If the trust does remove you as a future beneficiary after your mother's death then the way that you prevent that from happening is to prove that your mother was "unduly influenced" into executing the trust. It is very difficult to prove undue influence. You are going to have to show that your mother was forced into executing the trust (like a gun to her head). Gun to the head type forcing is easy to prove, the sort of undue influence you will have to prove is much harder to prove like intimidation or fear of being alone. Most of the time to prove undue influence you have to show some amount of mental incompetency as well.

If you can prove undue influence you must file suit against the trust and the trustee of the trust to request a court overturn the trust. You will possibly have to do this before your mother's death.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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Thank you,

John

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