My mother has changed her will/trust 8 times since my dad died…

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My mother has changed her will/trust 8 times since my dad died…

My mother has changed her...

My mother has changed her will/trust 8 times since my dad died in 2006. Some of these changes were shared with me and my sister who have alternated as executor. My mother owns 3 homes which were to be sold and divided among the five children (2 are children of my stepfather; ie. my mom's stepchildren).
Two years ago my mother added my half brother to the deed of trust to a large vacation home. He will now inherit that home as I understand it. However, he will also still share one fifth of the remaining estate which my Mom says was not her intent.
Most recently (May 2012) my youngest brother was given Durable Power of Attorney. It had alternated between my sister and and me, however, we were not told that at the time. We would have protected my mother's estate during which time we had the POA. Also in May a large loan (over $100K) was taken out on the house my mother lives in. We do not believe my mother understands this. Some of the money we are sure is being used to add a bedroom on to my brother's house so my Mom can move in with him.
How can we make sure that the estate is fairly distributed to all heirs as my mom and dad had intended when they first executed the will and trust in 2005?

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Answered in 1 minute by:

9/17/2012

Estate Lawyer: Infolawyer, Attorney replied 7 years ago

Infolawyer, Attorney

Category: Estate Law

Satisfied Customers: 76,773

Experience: Licensed attorney helping individuals and businesses.

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Hello and thank you for the question. I am sorry to read of this dilemma. The last version of the will/trust would control. There should be an executor/trustee. Are you concerned the last version is not being followed?

Customer reply replied 7 years ago

I am concerned that my mother at the age of 86 does not understand the changes made to her will and trust. She is easily confused, has problems with her memory and is easily persuaded now by my brother who has complete control over all her financial obligations. When I ask her if she intended for her estate to be divided in unequal parts to her children and stepchildren, she says "no, everything should be equal". That is not how the will/trust is now stated. My brother now gets the lions share which is not what my dad wanted.

Customer reply replied 7 years ago

Thank you. One last question - what type of attorney would I need to hire to pursue legal action to protect my mother's estate?

Estate Lawyer: Infolawyer, Attorney replied 7 years ago

You want a lawyer who handles trusts and estates litigation.
I suggest martindale.com and findlaw.com
Both excellent directories and both highly rated and easy to use.
Good luck.
Kindly rate the answer OK or higher.

Infolawyer, Attorney

Category: Estate Law

Satisfied Customers: 76,773

Experience: Licensed attorney helping individuals and businesses.

Verified

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Estate Lawyer: Infolawyer, Attorney replied 7 years ago · Answer 1

The last document would control. That is a general rule. But if changes done while she was without mental capacity to make them, those changes would be void and without force and effect and the earlier version while she had capacity would control. Court action can be pursued to get an order confirming that, and as needed a guardian may be appointed over her and assets to avoid abuse and dissipation or gifting of assets without her knowledge and not in her interest.

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