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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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My sister is trying to sell two of my mother's properties.

Customer Question

My sister is trying to sell two of my mother's properties. My mother is incapacitated due to althimers and is isolated from me by my sister. I filled out an affidvit-successor trustee to attempt to stop the sale. My sister will try to fight this. What should be my next step? The affidavit should be viewed by the title company week. I know my sister will say my mom is not incapacitated but Ive got proof that she is
Submitted: 2 years ago.
Category: Estate Law
Expert:  Irwin Law replied 2 years ago.
I'd like to help, but I will need more information about what is going on. How is the title to the real estate held now? what was your successor-trustee affidavit supposed to accomplish? To whom was it given? If the properties are held in a trust, are you and your sister both successor trustees to your mother? Does the trust require both trustees to act, or can they act individually? Why does your sister say that your mother is not incapacitated?