What to do if my sister influenced forced my mom to amend her Trust just months before her passing when she was totally incapable of making such decisions?

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What to do if my sister influenced forced my mom to amend her Trust just months before her passing when she was totally incapable of making such decisions?

The executor of Trust (my oldest sister) made investment decisions totally and controlled everything for the last few years. My mom, the Trustee, was completely incapable of decisions making due to health (Alzheimer’s/cancer). I went from 40%to 0% with this amendment and did not find out until almost 3 months after my mom’s passing. My sister doesn’t call, gives me no paperwork on anything and emptied mom’s house (with her kid’s) of all jewelry, paintings and other valuables.

Asked on August 24, 2012 under Estate Planning, California

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

You should consult a probate attorney in your area promptly.  A trustee is a fiduciary who has a duty to carry out your mother's wishes, not her own.  It sounds like your sister took advantage of your mother when she was not able to make her own decisions.  In Florida, this could constitute a breach of fiduciary duty, undue influence, exploitation of the elderly, or even theft.  Don't delay.


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