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I want to say that I didn't see any of this coming. My two…

First, I want to say...
First, I want to say that I didn't see any of this coming. My two siblings and I are not close, but we got along well enough. The immediate background is that in 2016, my siblings (Ss) called the police from 1200 miles away because my 80+ father saiud my mother had run away from home. I was talking him through a successful,m quick search while the Ss were panicking. Upshot: mom had fallen, but wasn't injured. (I later found out she was on a huge dose of a beta-blocker). The cops call paramedics and against my father's protests she is taken to ERand then admitted and medical mistakes and callousness led to her utter destruction. She was trapped for three days, not allowed to use the bathroom if she didn't eat, in withdrawal from the BB drug because they got the dose wrong. She emerged a broken soul. I live 2 hours away by car and just manage property for a living, so I spent about 50% of my time with her and my father. She got worse before better, and my father also sort of plummeted into a shadow of himself, too. People noticed and asked me about it. In February 2017, my sister finally came down to give me a break. Whoosh. She hailed my parents to their questionable estate planning attorney. Theyt gave my sister power of attorney over all their affairs and appointed her and a bank as successor trustees. Please note: My mother misspelled her last name when she signed the document. Also that they both resigned as trustees of their trust. I got wind of it three days later. I asked them if they knew they had given away control of their assets and that sister or bank could sell their house, etc? They said they had no idea. Sister hired 2 alternating live-ins from a referral agency and the estate starts spending, LITERALLY, $40,000 per month to have someone do what I had already volunteered to do for free, namely move in, and run the household. That's 2.5X their retirement income. Then I learn that the Ss had begun accusing me of stealing from my parents during 2016. I sure did receive an amount equal to two months of their income, but had an almost fool-proof n ingenious way to pay it back. My father and I would borrow against a rental house we co-own, with such a low rate that the payment would be the same or lower than the current payment. Because the trust already said that any loans on that property must be paid from my portion of the residuary of the estate, I am the only person whose finances would have affected by the refi. So that's the reason all this crazing hiring has happened. Their investment advisor worked out that everything other than property will be spent within 2 years. Oh, and right when my brother had begun faxing my mother screenshots he mistook for evidence of theft, she becomes quite cold to me and tells him she is going to give him my parents 2/3 in a condo worth $900,000. They gave him 1/3 a few years agi.The trust always said he would inherit it, but it also says its value must be deducted from residuary so that it is not un-balanced inherits a piece of property and his sisters do not. He might be trying to get around that. How to neutralize this male sibling?
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Answered in 11 hours by:
1/15/2018
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 126,954
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Are your parents still mentally competent?

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Customer reply replied 7 months ago
I don't know what their doctors would say today.
The lawyer and my brother are promoting the notion that my mother is, without a doubt, utterly competent, and that my father is incompetent.I spend 15 or more days per month with my parents. I live 120 miles from their home.My brother visited for a few days in August of last year, staying in a hotel with his wife and children. He lives 1200 miles away.I earned a PhD in psychology in the best psychology department in the country, if not the world, on a scholarship, working with an advisor who studied the social psychology of old age. I went on to publish original research on the topic. I taught Lifespan Development to undergraduate and graduate students for four years.My brother majored in English, flunked out of a crummy law school, and currently works in middle management at a parking lot payment processing company.I believe the opposite is true regading the legal capacity of my parents. My mother recently suggested that I sell a little gold box she was trying to give me, which I had told her would sell for about $4000 in a pawnshop, and use the proceeds to buy a house in her neighborhood that was listed for $1.2M.My father has seemed to be incompetent because he's been on a ridiculous slew of mind-altering drugs for reasons that are not apparent. I am working with his doctor to eliminate the pointless ones, and each time one is removed from my dad's regiment, improvement has been noticeable, not just to me, but to my mother and the over-paid live in as well.The trust becomes irrevocable when both parents have died or lost capacity according to two doctors. When just one of them is out of the picture for one reason or another, the lawyer begins to act as Trust Protector. That gives him the power of hire and fire over successor trustees, and other powers, while sparing him fiduciary responsibility to trustors and beneficiaries.Last summer, without my parents' knowledge or consent, he sought the opinions of two doctors regardung my father's mental status. I believe my sister allowed this using her soon-to-be-revoked power of attorney. Both said my dad was incompetent. My dad was so heavily drugged in a skilled nursing facility (for "rehab" after falling several times, which falling occurred after he'd been prescribed yet another drug he didn't need, which offered hypotension and falling as common side effects) at the time that he could barely speak, so I don't think those medical opinions would hold up today if challenged.In other words, it's hard to say for sure. It is not possible to say they have no cognitive impairment. It is aparent that my mother is easily manipulated by my brother, the apple of her eyeShe reeatedly sayus she trusts him, a position difficult to reconcile with his behavior.
Customer reply replied 7 months ago
regimen, not regiment. I'm typing into a 1" by 1" box on an ancient Chromebook and still not doing a very good job. Please ask for clarification as needed.

Thank you for your reply.

You are going to need to get a lawyer for this to challenge them, since you would need to prove that they are exerting undue influence on your parents to make them change their mind to take away your share of any inheritance. You would need doctors to testify in court to prove that when some determinations were made your father may have been incompetent, but your mom was not.

You will need to sue in the court now to get this fixed. You will need a local attorney to represent you if you want to succeed on this.

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Customer reply replied 7 months ago
Thanks for your reply, and I apologize for my terrible typing and bad writing. You got the gist, and from my poor delivery, can probably see that I am frantic. I have two questions concerning the conduct of the attorney/trust protector.Was it wrong of the attorney to allow momentous consequences to derive from a document my mother signed with her last name spelled wrong? (It was analogous to writing Joones instead of Jones.) If so, how wrong?Also, was the attorney correct in saying that if my Canada-dwelling sister were to remain a co-trustee, with a US-based bank serving as the second co-trustee, the IRS would regard the Trust as a foreign trust? If her citizenship is relevant: she was born in the the USA and, not having renounced her citizenship, is a citizen of the USA. However, she travels with a Canadian passport. One thing that might be in play behind the scenes: I don't know if she files a US tax return every year. Filing with the IRS is, as far as I know, required of US citizens with reportable income, regardless of what country they live and work in. If she hasn't been filing with the IRS, would that muddy the waters? Or would her US birth certificate settle it and allow her to serve as trustee without imperiling the favorable taxation of a domestic trust, regardless of any failure to comply with US tax laws?

Thank you for your reply.

Many people never see this type of thing coming in estate issues.

The attorney's interest is to protect the trust at all costs. So, he is right in doing that. He is also right about your sister in Canada, her living in Canada as trustee complicates the trust and does make it file international taxes.

Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 126,954
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
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