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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 91 year old Mother is the maker of the irrevocable trust

Customer Question

My 91 year old Mother is the maker of the irrevocable trust along with my Father before he died. My Mother is now incapacitated. My twin brother is the only trustee and he and I are the only siblings. My brother has my Mother's Durable POA and every other power there may be.
Can my brother move my distribution (inheritance) from me to him. My Mother has said for the last eight years that my brother and myself will split everything down the middle.
Also, is a " distribution" from a trust the same as a (gift)?
Submitted: 2 years ago.
Category: Estate Law
Expert:  P. Simmons replied 2 years ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
This depends on the trust...are you a beneficiary of the trust?