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My mother and stepfather have a revocable (living) trust.

My mother and stepfather...

My mother and stepfather have a revocable (living) trust. Mother recently passed away. 92 year old stepfather has been found by the Department of Veterans Affairs to be incompetent to manage personal affairs. His children are attempting to sell trust assets before he dies. Is there a way to stop this? He has four children and she (mom) has four children, all of whom are beneficiaries of the trust. Since he is incompetent and his kids are beneficiaries does this make them ineligible to make direct decisions regarding trust assets?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

New Mexico

Lawyer's Assistant: What documents or supporting evidence do you have?

I have a copy of the VA incompetency finding and a summary of the trust.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't want to prevent my stepfather from using funds that will facilitate his care. I went through months of work to get the VA aid and attendance pension to help him and my mom pay for assisted living. After her death he is still entitled to $1700 per month for aid and attendance. He also has Social Security income of $1,900 per month and other pensions of approx. $1,000 per month. He is now living in an independent living apartment that is approx. $1,700/month and has meals, laundry, cleaning services provided for approx $1,000/month.

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Answered in 4 minutes by:
7/10/2017
LawTalk
LawTalk, Attorney
Category: Estate Law
Satisfied Customers: 37,857
Experience: I have more than 25 years of experience in the practice of law.
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Good afternoon,

I'm Doug, and I'm very sorry to hear of your family's situation. My goal is to provide you with excellent service today.

The children have no legal way of selling off the assets of the Trust or distributing the assets of the trust while either of your parents/stepparents are living. If one parent has passed and the other was recently ruled incompetent, then the Successor Trustee (named in the Trust) will need to speak with a local probate attorney about becoming the official Successor Trustee and take over the handling of the trust. However, it is highly unlikely that the Successor Trustee will be able to anything with the trust---other than maintain it---until your step-father has passed.

You may reply back to me again if you have additional questions, and I will be happy to continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,

Doug

LawTalk
LawTalk, Attorney
Category: Estate Law
Satisfied Customers: 37,857
Experience: I have more than 25 years of experience in the practice of law.
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Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope that you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

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Thanks again.

Doug

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Customer reply replied 7 months ago
Thank you for your rapid response. It is disconcerting that one of my stepsisters, who is power of attorney for my stepfather, seems to think there is nothing wrong with her dad (she is in denial). She says that her dad wants to sell the house. I am concerned that the trust states
"Any Trustee/Grantor has the power and authority to manage and control, buy, sell, and transfer the trust property, in such manner as the Trustee may deem advisable, and shall have, enjoy and exercise all powers and rights over and concerning said property and the proceeds thereof as fully and amply as though said Trustee were the absolute and qualified owner of same, including the power to grant, bargain, sell and convey, encumber and hypothecate real and personal property, and the power to invest in corporate obligations of every kind, stocks, preferred or common and to buy stocks, bonds and similar investments on margin or other leveraged accounts, except to the extent that such management would cause includability of an irrevocable trust in the Estate of a Trustee."
Customer reply replied 7 months ago
Should I file Lis Pendens or some other form of cease and desist or restraining order?

Again, only your step father, if he is competant, or the successor trustee if he is not competant has the right to run the trust.

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