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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2677
Experience:  Litigation Attorney with education focus on estate planning and tax
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My sister sad that she is the trustee of my mother estate

Customer Question

My sister sad that she is the trustee of my mother estate and she saying their is a will. My sister has had my mother take out a reverse mortgage in a lump sum on her home. My sister now has her daughter and boy friend living with my mother. All of the experience of the house are being paid from my mother estate. my sister the trustee has already took every thing of value from the estate. What can I do. The will states all of my mother assets gets defied fifty-fifty. thank you
Submitted: 11 months ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 11 months ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client realtionship.

A trustee is the decision maker regarding a trust. Is there a trust? An executor is appointed by the court to administer the will. Is that the role of your sister. Does your mother have a power of attorney or guardianship and if so, who is that person? Does your mother have capacity (can she make her own decisions)

Customer: replied 11 months ago.
She doesn't have a power of attorney and she can not make her own decisions
Expert:  Christopher B, Esq replied 11 months ago.

If your sister is not the POA or guardian, she has no say so in how the money is spent and your mother without legally capacity cannot make decisions on your own. You might petition the court yourself to become legal guardian in order to preserve her assets.

Especially considering the incapacity and the wasting of the estate in favor of only 2 of the beneficiaries, you might have a good argument for undue influence. Thus would make your sister liable to your mother or your mother's estate at death for any assets "stolen" from her as your mother with her mental state was powerless against the wishes of your sister. She could be held personally liable. You should contact an elder law attorney in your area to ascertain your rights and possibly file suit and even think about calling adult protective services. You have some remedies but an attorney would be greatly helpful to you.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site.

Expert:  Christopher B, Esq replied 11 months ago.

Hoping you will check back in, let me know if I can do anything else for you. I would like to earn a positive rating and answer any further questions. Please let me know.

Expert:  Christopher B, Esq replied 11 months ago.

Just checking back in, do you have any further questions?

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