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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?
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Answered in 11 minutes by:
3/18/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,018
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.

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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..

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thanks

Barrister

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Customer reply replied 4 months 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 4 months 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..

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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...

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

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thanks

Barrister

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Hello again,

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

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Did you have any further questions I can help with?

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Thanks much

Barrister

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Customer reply replied 4 months 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?

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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.

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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?

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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..

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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?
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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..

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thanks

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,018
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Customer reply replied 4 months ago
Thanks---If I come back I hope you will be working.Curt....and my Mother!
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