If my father made my brother a co-trustee on his trust, can my brother now remove me as a beneficiary?

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If my father made my brother a co-trustee on his trust, can my brother now remove me as a beneficiary?

My father was in a hospital drugged up with psychiatric drugs and a few months later found to be incompetent to handle his own affairs by 2 doctors. I was told I was a equal in the Will/Trust. Have reason to think my father while in hospital signed a new will/trust with me excluded as a beneficiary. Brother is secretive on details. Father still alive in dementia ward. Can I fight this?

Asked on May 13, 2012 under Estate Planning, Connecticut

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for the situation.  Yes, you can indeed take a stand here but we need to figure out what the legal situation is beofre we know where to begin.  First, who has POA or guardianship/conservatorship of Dad now?  If it is your brother I would try and have yourself added .  Now, you can not really contests a Will until after the testator (your Father) passes and then there are strict time lines.  You would do so based upon fraud or undue influence.  As for the trust, it depends on if it is a testamentary trust (upon death) or a trust that is used while one is alive.  You would fight it based upon the same grounds above.  You need to get legal help.  Good luck.


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