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megan2014 Asked September 2015

My brother set up an irrevocable trust for my Mom. He refuses to give us details. Any advice?

He set up the trust when she was diagnosed with dementia. His plan was that in 5 years, she would get medicaid and the money in the trust would be an inheritance. Something must have gone amiss b/c its been six years and mom does not have medicaid. He has not been providing us with the annual statements from the trust which is a requirement of the trust. We finally did get a copy of the expenses although it just shows what was deducted and not to whom. He refuses to give us details. Thoughts?

CarlaCB Sep 2015
A million questions here. Has anyone applied for Medicaid for your Mom? If she was declined, what was the reason? How is she being supported now?

When you say your brother set up an irrevocable trust "for your mom" what does that mean? Who are the beneficiaries of the trust? Is the trust intended to be paid out to support your mother until Medicaid kicks in?

At the end, Maggie's right. You will probably need to sue your brother to compel disclosure about the assets and expenditures of the trust.

MaggieMarshall Sep 2015
I'll just cut to the chase. If he won't give you the information you're seeking and you think you have a right to it, get an attorney.

There's no magic wand.

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