What to do if my brother, who is executor of my dad’s Trust, just had him change the Trust to exclude me from receiving a lump-sum payment of the estate?

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What to do if my brother, who is executor of my dad’s Trust, just had him change the Trust to exclude me from receiving a lump-sum payment of the estate?

My dad is turning 85. I moved out of state a few years back and my brother has had my dad’s ear. I was told that I will be given just enough to live from the amount that I was to inherit. I think there is some cohersion here. Also If my brother passes, my sister in law has been named the next executor, bypassing me. This had all happened since my father’s health started to fade.

Asked on November 14, 2013 under Estate Planning, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry for the situation.  If you believe that your Father has been - and continues to be - unduly influenced by your brother then you need to take charge of the situation by being appointed as his guardian and the conservator of his estate. But the problem is that you live out of state and away from your Dad.  Is it possible to bring him closer to you?  The issue here is also to have his mental state assessed to determine if he is sound to make the changes.  And if he is not truly then you can challenge the changes made, but not until he passes when it is too late.  If you are appointed now you can see about setting the new trust aside.  Please seek legal counsel.  Good luck.


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