What to do if a sibling has taken financial advantage of a parent suffering from dementia?

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What to do if a sibling has taken financial advantage of a parent suffering from dementia?

My brother had my father sign a new Will approximately a year ago. There was a trust previously. My father was already diagnosed with dementia and was taking 2 different pain pills. My brother was named executor of estate and now will not answer any questions and the attorney will not either. My brother had moved money from my father’s account ($100,000) to a joint account with his wife.I found out and he moved it back. The attorney will not address the issue or any issues for that matter. What are my rights and what is the responsibility of the attorney to answer my concerns?

Asked on December 27, 2011 under Estate Planning, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the attorney for your father's estate will not answer questions that you have presented as a presumed beneficiary under your father's estate, I suggest that you need to consult with your own Wills and trust attorney about the situation you are writing about in that I presume that you are a named beneficiary under your father's estate.

For your brother to have transferred $100,000 from your father's account to his and his wife's and then to have moved it back makes no sense other than you caught him doing an impropriety.

Possibly your father may not have been legally competent due to his dementia when he signed the new Will. If so, the new Will may not be legally valid.


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