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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 114749
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Because my father lost his license due to cognitive decline,

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Because my father lost his license due to cognitive decline, he was really frustrated. My sister and her husband moved into his house with his new parked car in the garage. As a former therapist I told my sister that Dad was not at the point where he'd be willing to give up his car. I told her to give him some time. Two weeks later she sent me an email telling me that she and her husband had visited dad at the senior community and had "negotiated" they they could lease his car. Additionally they had him sign the pink slip. Once my dad died, she sent me a copy of the lease they made and the pink slip he signed. In the lease they included two different values 13,579 and then in parenthesis approx. 9,000 something. They also included an inurement clause to benefit them. When I got home I discovered that they had planted four pounds of my fathers coin collection. I was dumbfounded. This same sister is now the trustee of his trust. She did not ensure that all financial accounts were funded to the trust before he passed after multiple requests for her to do that. I am very concerned. She lives in California. What can I do?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You can actually challenge the transfer of the car, because if she did not file to change the title before he died, him signing the pink slip would not be effective to change the title. Furthermore, self dealing by a trustee is grounds to remove the trustee from that position. So you can file a motion to remove her from the position in the court and present proof of her self dealing and fraudulent conduct to the court to get her removed and have a new trustee named.
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