Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My Mother wants to change her "Will" to reflect the current…

My Mother wants to change...
My Mother wants to change her "Will" to reflect the current state of affairs in our family while she is still mentally capable of doing so. My sister, the only other family member and the current Trustee, continues to hide behind an Irrevocable Trust written for our Mother in Pennsylvania, in 2012. It was executed while I was 600 miles away working at a Nuclear Plant in Ga. There is language in the Trust which allows Mom to remove and replace Trustees BUT my sister insists she will fight ANY attempt to change her legal status by USING MONEY FROM THE TRUST to thwart our Mother's actions and intentions. Is this legally possible?
Show More
Show Less
Ask Your Own Legal Question
Answered in 11 minutes by:
3/18/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,135
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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.

.

Unfortunately, yes, this is legally permissible because any attack on the trustee is an attack on the trust and the trustee is authorized to use trust funds to defend the trust. If she claims that mother is mentally incompetent, then she can use trust funds to fight any replacement and it would go to a court hearing as to whether mother is still legally competent to exercise her powers as grantor to remove and replace trustees..

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 1 month ago
Hi Barrister,
You are the fellow that helped me before. I have the advice you gave me (I made copies) but I'm not sure just when that was. A year or two? I have received similar feedback from other lawyers, especially the ones I believe know what they are doing. One local attorney (Pittsburgh, Pa. area) told me there is no way my sister can do such a thing but I don't have a lot of faith in him. I need to tend to my Mother for about 20 minutes and then I'll be back. Who can determine my Mother's mental capacity? I forget the legal term at the moment. Can our Pastor have any input into the decision? Anyone else? Be back shortly. Curt
Customer reply replied 1 month ago
Thanks, ***** ***** right now. My Mother is 96 and while she is in remarkable shape, she keeps thinking of reasons to call me in to her room. Sometimes she falls asleep fairly quickly but that is no guarantee. (Like a little kid) Do we have to finish our "chat" now? Are you in West Coast time? The last monetary amount I saw on the screen pertaining to my question was---$39.00---what caused it to jump over 50%?

Ignore that... that is the phone call offer thing that JA sends out... I don't do those anyway as I like to think about a customer's situation and have time to research it if necessary..

Ask Your Own Legal Question

But her mental capacity would be determined by her doctors and ultimately by a judge if her mental capacity was questioned. But the issue is that the trustee of the trust would basically defend the trust and fight claiming she wasn't mentally competent to make changes... and legally that is the trustee's job...to defend the trust... So they get to use trust funds to try and stay in power...

.

Kind of a messed up situation with something like this if the trustee is at odds with the maker of the trust..

.

.

thanks

Barrister

Ask Your Own Legal Question

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

Ask Your Own Legal Question
Customer reply replied 1 month ago
Hi Barrister,
I'm going to give you the highest rating but I have so many other questions to ask you. However, I would rather not do it on a $36.00 per question basis. Our conversations are most likely being monitored and you couldn't agree to answer other questions outside of Just Answer even if you wanted to----is that correct? I think you told me you were in Ca. and I'm sure the Trust laws vary somewhat, but what would your gut feeling be to the following. It was obviously unethical but was it LEGAL for my sister and her husband to insist our Mother's Irrevocable Trust be prepared while I was 600 miles away working a 6 week job? They hold EVERY position in the Trust. I am/hold nothing! Wouldn't the law firm that executed the Trust advise that I should be present for such an important document and to wait till I got home to do it. To ME that seems like the logical thing to do.Mom and I have never received one "update" or "status report" concerning the Irrevocable Trust since its inception in 2012. Absolutely NOTHING.........although I have certainly tried to get some sort of a report about it. Is THAT legal?Thanks,
Curt

Our conversations are most likely being monitored and you couldn't agree to answer other questions outside of Just Answer even if you wanted to----is that correct?

.

Correct. I limit my interaction with customers only to the website because I like to have time to think about a customer’s question and research it so I can provide the best answer possible in writing.

.

It was obviously unethical but was it LEGAL for my sister and her husband to insist our Mother's Irrevocable Trust be prepared while I was 600 miles away working a 6 week job?

.

It was sneaky if it wasn't a coincidence that they did this while you were gone... but it isn't illegal in any way..

.

Mom and I have never received one "update" or "status report" concerning the Irrevocable Trust since its inception in 2012. Absolutely NOTHING.........although I have certainly tried to get some sort of a report about it. Is THAT legal?
.

Nope, any beneficiary of the trust has a right to an accounting of inflows and outflows from the trust at least annually, if not more frequently required by the trust. Any beneficiary is also entitled to an inventory of assets at any time upon reasonable request, normally 10 days.. So the trustee of the trust has violated their fiduciary duty to the beneficiaries in failing to provide an accounting and inventory.. With that said, I would suggest that you send a certified letter to the trustee requesting both an Accounting and an Inventory of assets in the trust..

.

.

thanks

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,135
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
Thanks---If I come back I hope you will be working.Curt....and my Mother!
Was this answer helpful?
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,135
41,135 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
As the beneficiary of an irrevocable trust, and husband, but
As the beneficiary of an irrevocable trust, and husband, but not the trustee, am I responsible for any expenses associated with the real property? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,160 satisfied customers
In California if a beneficiary predeceases the will maker,
In California if a beneficiary predeceases the will maker, does the share of the intended beneficiary who dies without a Will pass to his heirs at law or does the gift lapse?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,388 satisfied customers
If I have a irrevocable trust and still alive can I change
If I have a irrevocable trust and still alive can I change the trustee my simply making the change and having it notarize … read more
Barrister
Barrister
Attorney
41,135 satisfied customers
My mother left me a trust fund to help me take care of
My mother left me a trust fund to help me take care of myself. The problem is my sister is the trustee & inherits the money if I die. She's making it very difficult for me to get funds from the trust.… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I want to find any trust funds or custodial accounts that
I want to find any trust funds or custodial accounts that are in my name … read more
Bill Attorney
Bill Attorney
law
2,039 satisfied customers
If a house is in probate that has several beneficiaries and
If a house is in probate that has several beneficiaries and the executor has the power to sell the property, can it be done without the other beneficiaries signatures … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
We have an irrevocable trust that was set up for my children
We have an irrevocable trust that was set up for my children to be taken care of in the event of our death. My husband being our financial planner and also a registered insurance person we set this up… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,187 satisfied customers
Mentally ill daughter being evicted from estate trust fund
mentally ill daughter being evicted from estate trust fund home from mother what are her rights to stay being mentally ill … read more
Barrister
Barrister
Attorney
41,135 satisfied customers
I need a form to oust the Trustee of an Irrevocable Trust.
I need a form to oust the Trustee of an Irrevocable Trust … read more
Barrister
Barrister
Attorney
41,135 satisfied customers
I am trustee of an irrevocable trust in Minnesota. I plan to
I am trustee of an irrevocable trust in Minnesota. I plan to resign as trustee and have the successor trustee assume the task. The trust documents are on file with a local attorney. Would it be best t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,187 satisfied customers
I have a question with regards to fiduciary duties and legal
HI, I have a question with regards ***** ***** duties and legal liabilities. Can you help? Thanks … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,187 satisfied customers
Tina. I'm the Trustee for a California irrevocable trust.
Hi Tina. I'm the Trustee for a California irrevocable trust. I'm having lots of trouble getting an account closed for a securities account. I've sent them everything they've asked for but the latest I… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,187 satisfied customers
If all trustees agree, can an irrevocable trust be
If all trustees agree, can an irrevocable trust be terminated in the state of Washington? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,187 satisfied customers
If I resign as administrator of a minor child's trust fund
If I resign as administrator of a minor child's trust fund and the secondary administrator is not available. Who becomes the administrator? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Does a corporate lawyer not only have a fiduciary duty to
Does a corporate lawyer not only have a fiduciary duty to the directors and officers but also to the membership … read more
Thelawman2
Thelawman2
Doctoral Degree
1,354 satisfied customers
Is it to late to do an irrevocable trust if a judge ruled
is it to late to do an irrevocable trust if a judge ruled fraud on a on going probate case he ruled fraud on a 21380 a trust from 3 years ago 450,000 was already spent … read more
Ray
Ray
Lawyer
Doctoral Degree
32,134 satisfied customers
How do I file an opposition for Breach of Fiduciary Duty?
How do I file an opposition for Breach of Fiduciary Duty? Will this complicates the filing of Partition Lawsuit if do this one first?… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
I have an Irrevocable Trust Fund in my name since 2008. My
I have an Irrevocable Trust Fund in my name since 2008. My father is the grantor and there is a trustee. My father put or sold a 1.4 million dollar life insurance policy to the Irrevocable Trust as we… read more
Barrister
Barrister
Attorney
41,135 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x