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My stepsons father was injured in a city bus accident and was awarded around 5 million in settlement but was seriously injured to where he was put in a assisted living facility where he had a caregiver assigned to him. Somehow she convinced him to put her in his will and trust claiming that she was going to start a non profit organization for 2 million out of the remaining 4.5 of his settlement knowing he had two sons and five grandchildren. There is no way he would have given up half his money to a caregiver and left the other half to be split 30 ways after probate. What can be done about this, my step son can't even get a copy of the trust but she took the copy from a safe the day he died. Her and supposedly the head of the facility came in the room right when the coroner was trying to remove his dad from the room walked over grabbed two safes that were in the room and started to walk out and my step son asked them what they were doing and they said they had to remove the safes because they had papers they needed for filing his death in their records. One safe had his valuables coins etc. which he still has not seen and the will and trust was supposedly in the safe also. The other safe supposedly had his narcotic meds in it??? So they just walked out the room with them and he didn't think nothing about it his dad had just died. Now two months later he's fighting to see a copy of the trust and nobody will give it to him. He texted and talked to this girl who says she has a copy of the trust but won't let him see it, and he found 4 out of 22 pages of the trust in the pictures on his dad's phone which one page shows she's supposed to receive 2 million for her to start a non profit organization. What would you do if you saw that and can't even get a copy when he was your dad and your the closest relative being oldest blood son?

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I would consult with an estate attorney. The attorneys (his attorney and the attorney who drafted the trust) can speak with one another. If your stepson is not a beneficiary his attorney can advise him if he thinks there is any reason to believe there was undue infleunce etc etc. and if there is a case to challenge it.

A lot will depend on the wording in the document. If legit it would probably say something like "funds to xyx for the sole purpose of establishing the xyz fund" and whoever is named trustee would be responsible for assuring the fund is set up and funded with those assets.

If other other hand she told him that's what she was going to do and funds go outright to her well then he will have to prove undue influence and like Geaton said attorneys are VERY careful about making big changes in these situations, as they are ethically required to do, they would talk to the individual alone etc.

Finally how do you know that's not what your stepson's dad wouldn't have wanted. Did you talk with him about it? You'd be surprised that not every person wants to leave everything to their kids. Especially such large amounts.

Does the scenario sound suspicious? Yes. On its face sure. The only way to pursue it is through an experienced attorney who will know what to do.
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What can you do? If this is accurate, if there actually is an Estate of $M+, the supposed heir hires an attorney who does litigation. Non of this is a DIY.
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Your stepson's Dad is now passed away. How does your stepson know any of this information? To change a Will is not an easy thing: most of the time it requires an amended version by the attorney and has to be re-signed (or initialed). I think altering a trust is even more complicated. A good elder law attorney would first privately interview him to assess him for capacity and to make sure he isn't being coerced. This would also be taking place at the attorney's office. If the stepson's Dad already had a diagnosis of cognitive impairment before changing these documents, then if he somehow was made to create a new Will and/or Trust, it wouldn't be valid. The stepson doesn't have to be shown or be told anything about the Will by the Executor if he isn't an inheritor. Somehow you and stepson know a lot of details, which you can take to an attorney to weigh whether you have a winnable case. If the stepson's Dad didn't have a diagnosis of cognitive impairment, then he wasn't coerced and made the change to the Will freely. I don't think anyone can stipulate in a Will what an inheritor does with the inheritance. If he wanted to help her put the money into starting a non-profit, then an attorney would have advised him to set up a trust/foundation where the money would go and not to her personally. Things aren't adding up in this story. Stepson will have to bring his proof to an attorney. He will still have to pay the attorney even if he loses the case.
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