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suitcaseheart48 Asked October 2018
Brother amended will based on false allegations that I stole money from the trust. Father signed a new will disinheriting me. What can I do?
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I had been successor trustee and POA since 2003. My dad is in nursing home and in end stage renal failure. My mother has early onset memory loss. He would take mom to bank to withdraw money and she would say, they are keeping it for when I asked why it was gone. I reported it to bank fraud and they refused him any more money. My mom had no idea what happened. We subpoenaed bank statements proving my innocence. We report back to court in early November. Talked to my dad today and he has no memory of it. He clearly was tricked. The new will also lists my brother as successor trustee and POA. My brother has taken $20,000 in the past year from the trust. What can I do? Can my attorney visit my dad to get a deposition statement?
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suitcaseheart48 Oct 2018
He said that we need to focus on the bank statements showing I did not take 35k and that it was in fact him who took the 20k. But worse is my father and mother are being fooled and tricked by a son they love and trust. No parent in their end of days want to accept this. My brother was good but never did what I did as a daughter. It was me who always carried them. I love my mom and dad so much and I am a caregiver so it's what I do without hesitation. My dad has no memory signing me off before a notary and a lawyer. It happens folks! This is abuse and trickery in its fullest form. If my brother gets control of the money then my mother will be at risk for proper care that she should receive with the money that is rightfully hers. My brother wants to cut corners with my parents so he cashes in after they pass. I am footing the bill personally to fight him. I have one mother and one father. I love them. They put me in charge in 2003 for exactly this day. TO fight for fairness. I am fighting.
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gladimhere Oct 2018
I am confused, a living will is a document that states what wishes are for care at the end of life.
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suitcaseheart48 Oct 2018
Correct and my brother hired a lawyer to amend the will excluding me as a beneficiary. He lied to my father saying I stole money from the trust. My dad is very sick but a dr said he was well enough because he could draw a clock and answer a few questions. Same dr wrote me a letter 6 months prior saying he was not well enough. My first experience with injustice. This is elder abuse and fraud.
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DeeAnna Oct 2018
What does your attorney say about what is happening? He/she is the person that you need to be talking with. It is difficult for strangers to give good legal advice especially when we do not have all of the information about the situation or cannot talk to the people involved.
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