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I am the Trustee for two family Trusts. One is irrevocable…

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I am the Trustee...

I am the Trustee for two family Trusts. One is irrevocable and the other is revocable and belongs to my 98/year old mother. My sister older spendthrift sister is furious that she was not appointed and is constantly accusing me of bias and demanding special treatment over the other beneficiaries. My mother is fed up with her and wants to amend her Trust to write my sister out. I would like that but am afraid my sister will claim I exerted undue influence on my mom since she does have dementia. Any way to show we have cause for writing out my sister? She will be covered by the irrevocable trust anyway.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Virginia

Lawyer's Assistant: Has anything been filed or reported?

Not with the courts but a lot of lawyers have corresponded

Submitted: 4 months ago.Category: Estate Law
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Answered in 16 minutes by:
3/12/2018
Estate Lawyer: Barrister, Attorney replied 4 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,599
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Any way to show we have cause for writing out my sister?

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Yes, the way you do this is you have a local attorney meet with mother and basically sign an affidavit to attach to the trust amendment that states that the attorney is drafting the amendment at mother's direction and under her instructions to do so and it is his opinion that she is fully aware of what she is asking the attorney to do and its consequences.

.

Then it doesn't matter whether you "have cause" or not... it is mother's trust and she can do with it what she wants as long as she hasn't been deemed medically or mentally incompetent by her doctors or a judge.

.

.

thanks

Barrister

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Estate Lawyer: Barrister, Attorney replied 4 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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