Can she do changes on the living trust when my parents both are ill and not in right mind? 7 Answers as of April 02, 2015

Parents have a living trust established years ago. Both parents have been diagnosed with Alzheimer’s and daughter has been living off of them for the past 3 years in their home. I am the oldest son and have been going over to their house for the past 4 months full time to care for them. Now my sister has thrown me out of the house and has informed me that she is going to change the living trust to reflect that my parent’s house will no longer be split 50/50 as previously set up! I am a beneficiary of the trust along with my sister. How do I protect myself? She is the executor on the trust. Right now, she is being investigated by APS for elder abuse and financial stealing.




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Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Obtain the services of a trust/probate litigation lawyer immediately to seek her removal as trustee. No, she does not have unilateral authority to change terms of trust. She may have power pursuant to a durable power of attorney to make changes. DO NOT DELAY. This is urgent.
Answer Applies to: California
Replied: 4/2/2015
Law Offices of Charles R. Perry
Law Offices of Charles R. Perry | Charles R. Perry
Absent explicit authority by way of a written document or the courts, the trustee has no power to change the terms of a trust. An unscrupulous person can nevertheless take advantage of people with Alzheimers in other ways, such as abuse of a power of an attorney to empty bank accounts. You need to contact an attorney as quickly as possible to review the situation and plan a strategy to help your parents and preserve their estate. It may be that a conservatorship is needed, or that you need to be appointed trustee of your parents' trust now. Without a full review of your situation, it is not possible to advise you. This also is not a problem I suggest you tackle without an attorney. Trained legal eyes may spot solutions that are not obvious to you.
Answer Applies to: California
Replied: 4/1/2015
Law Offices of George H. Shers | George H. Shers
Since your parents set up the Trust, only they can alter it, but only if they are of sound mind so as to know what they are doing. You probably want to get a medical opinion saying they are not as your sister will badger they to change the Trust instructions. Warn your parents of what she is doing and ask if they want her removed, telling them what treatment will be provided if she is removed; have an unbiased witness or at least some witness with you as she will say you lied to them and forced them to say things they did not want to. If possible, tape record and video record what you say to them and their responses. You probably need to have a conservator appointed and file an action to remove her as trustee. You might want your parents to prepare a new Trust and not tell her about it. You also need to speak to an estate attorney as to what the tax consequences are of having the property pass in the options that are possible. Talk to Social Services or whomever is investigating the elder abuse. Assume the worst as to your sister; these types of fights between siblings is all too common. Good luck.
Answer Applies to: California
Replied: 4/1/2015
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
The best way to protect yourself, but more important, to protect your parents, is to go to Court and have a conservator appointed by the Court. That person can be you. If the sister does change the trust by getting your parents to sign, it can be contested after their death, but it is far more expensive and harder to prove their capacity or lack of capacity at that time rather than by facing the issue now.
Answer Applies to: California
Replied: 4/1/2015
James Law Group
James Law Group | Christine James
These cases are very facts specific. If you want the best outcome speak directly with an attorney.
Answer Applies to: California
Replied: 4/1/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    You need to petition a court to find the parents incompetent.
    Answer Applies to: California
    Replied: 4/1/2015
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    If she is the successor trustee of the truest, you may wish to file a petition to have her removed based upon the info you have provided. If an alternate successor was designated, that person will take over, if he/she is able to do so. Once the trust is brought to the court's attention, the trust will be monitored and under court supervision.
    Answer Applies to: California
    Replied: 4/1/2015
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