Follow
Share

I am the Medical POA decision for my mother who is on hospice. my brother has done horrible things to my mom and before she became really ill she wanted to take him off her living trust and just put my name on there but she didn't have the money. Her attny knows that she wanted to take my brother off and have only me on there? Can this be valid on the living trust? if not how do I go about doing this before he takes all of her assests and blows them away?: Please help they expect her not to be her much longer and I need to get this done right away

This question has been closed for answers. Ask a New Question.
Find Care & Housing
Never act upon the unstable emotions of a patient in a crisis. Mom is in a panic, and panic is very contagious. Talk to your MD about some anxiety meds for yourself. When my daughter was dying, we were all snapping at each other. This is a stressful time for you and mom and your brother. Let it be.
Helpful Answer (0)
Report

If (a) the trust is not irrevocable, and (b) your mother is the sole Settlor, the individual who executed the Trust, then she is the only one who can execute changes to it. You cannot unless it's your Trust and you executed it.

Given that she doesn't have the money, you could try to find a elder law clinic at a local law school. In Michigan, some do exist, but I've never dealt with them and I don't know how detailed they become in estate planning, such as drafting a Restated Trust or Trust Amendment and ancillary documents. I suspect that's more than they would handle.

One other option is really "iffy", and that's to execute a holographic (handwritten) amendment, or statement of her desire to change the trust but can't do so because of lack of funds. I did a quick check but didn't find anything that suggested this is a desirable method of proceeding.

In addition, based on what I read, there's a possibility that your brother might be successful in challenging its validity, if he chooses to do so. And given the rush to change the named heirs, since she's in hospice, he could easily argue that you had a special interest in eliminating him as an heir.

Also, Living Trusts are prepared along with a Pour-Over Will, so the Will would have to be changed as well.

Who is named as Trustee in the Trust after your mother passes? Is it you, or your brother? Or is it someone outside the family? Are you named as the only 2 heirs?

To be perfectly honest, though, I have an uncomfortable feeling about someone wanting to change a trust to eliminate another heir, especially when the Settlor is in hospice. Frankly, it smacks of a special interest and desire to eliminate another heir so that one person inherits it all. That's just the impression I'm getting from your post.
Helpful Answer (1)
Report

Your mother is on hospice, her death is probably near. I'm confused... are you worried about her health right now or her money? If its money, I would take pictures and videos of your mom's assets, doesn't sound like she has much money to worry about anyways, if she couldn't afford an attorney. I would concentrate on keeping mom comfortable and worry about the money thing later.
Helpful Answer (1)
Report

You could report brother to Adult Protective Services (be prepared to document everything.....) and let them handle it as a Financial Abuse case. If mom is incapacitated, she cannot revoke her POA and there is not enough time for you to file for Guardianship. What the lawyer knows or said or emailed to you or anyone, matters NOT, it is only what the POA, Will and Trust documents actually say.....and if mom is too far gone to change them there is nothing you or her lawyer can do (legally, you AND the lawyer would be committing a crime to offer an incapacitated person change documents). After she passes you and anyone else may file a claim in Probate Court, but you will most likely need a lawyer, and she will require plenty of documentation that your brother was not fulfilling the terms of POA/Will/Trust. You cannot go to court with a "he said - she said", well you can try but it will be a waste of money if that's all you've got. I don't want to sound discouraging, but just realistic. There is a reason these documents are so powerful, because they come with incredible responsibilities. Unfortunately there is nobody keeping track of who is doing those responsibilities correctly (unlike Guardianship, where a Court oversees).
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter