What is the legal process for changing and amending a 20 year old Trust for your parents who have dementia, if you are also their primary caregiver?

About 2 years ago, my father died leaving his 90 year old parents still alive (both in very poor shape), 10 months later my grandmother died and 2 months ago grandpa died. Their Trust was amended only 3 months before the death of my grandmother, who was deaf and nearly bed ridden. Was my aunt within her legal right to schedule transport and physically assit my grandparents with changing the Trust in her favor?

Asked on December 1, 2013 under Estate Planning, California


Nathan Wagner / Law Office of Nathan Wagner

Answered 7 years ago | Contributor

Your grandmother's trust may have been amended properly. You should talk to a local attorney who specializes in trust adminstration or trust litigation. Your aunt may have used undue influence over your grandparents to get them to change the trust. Your attorney will need to know more details about the situation to help you decide whether to challenge the trust amendment. 

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