Cyndy, I still don't understand. What does "attorney shopped" mean? He looked for another attorney to make changes? Let's start over.
Who created the trust? The "girlfriend"? And this is your mother? Then her boyfriend took her to the attorney, and "he shopped" to "get her sister out as beneficiary" - What did the attorney really do? Did he "lobby", "persuade someone"?
Cyndyb, with that additional information, ask the original attorney to help reverse the amended trust or to at least recommend an attorney to help with that. Obviously, if the amount of inheritance at stake is not substantial, it may not be worth the fight. But, depending on financial circumstances, your state's Legal Aid service may be able to help.
Cyndyb, you mentioned that the boyfriend took your Mom and the Trustee to the Attorney. When it comes to a Trust, your Mom is the Trustee, there isn't anyone else. I wonder if the boyfriend took Mom's Power of Attorney to the Attorney's office.
I think it is time for you to talk with an Elder Law Attorney about this situation and see what he/she can do for you. No Attorney worth his/her weight in salt would allow a person who has memory problems to amend a Trust.
The boyfriend took her and the trustee back to the attorney that she used to create the trust but that attorney was shocked at the decline mentally of the owner of the trust and refused to amend it so he attorney shopped until he could get her sister out as beneficiary and put himself in
Cyndyb, only the owner of the Trust can make any changes, so I don't know how on earth the boyfriend could change any thing. Who is giving you this information? Is it the boyfriend or the person who has dementia?
Specifically how did the BF "change" the terms of the Trust? He would have to be a co-settlor, or have created the trust himself; otherwise he can't a trust that someone else created and executed.
Cyndyb .... An irrevocable trust can't be modified or terminated without the beneficiary's permission. The grantor, having transferred assets into the trust, effectively removes all of his rights of ownership to the assets and thetrust. This is the opposite of a revocable trust, which allows the grantor to modify the trust.
Cyndyb, any trust, revocable or irrevocable, can be revoked under certain circumstances, e.g. if its creation involved fraud, abuse, coercion, etc. You should contact a good attorney for assistance.
Who created the trust? The "girlfriend"? And this is your mother? Then her boyfriend took her to the attorney, and "he shopped" to "get her sister out as beneficiary" - What did the attorney really do? Did he "lobby", "persuade someone"?
This just isn't making sense to me.
I think it is time for you to talk with an Elder Law Attorney about this situation and see what he/she can do for you. No Attorney worth his/her weight in salt would allow a person who has memory problems to amend a Trust.