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susieluise Asked July 2012

What can I do to protect my mom from my sister who is successor trustee

MY SISTER BECAME SUCESSOR TRUSTEE THRU FRAUD AND DURESS FOR MY MOM OF 87 W/DEMENTIA , INCAPABLE. CAN THIS BE CORRECTED OR REVOKED? HOW ?

THE FACT IS ,GRANTOR MADE US BOTH TRUSTEES, MY SISTER LIVES CLOSER TO MOM AND HAS LIED AND CONVINCED HER TO ACE ME OUT FOR HER OWN PERSONAL GAIN. SHE IS MAKING BAD DECISIONS, FOR HEALTH AND HAS ALLOWED MOM TO BE SUED ETC. WHAT CAN I DO TO PROTECT MY MOM?

EXPERT Carol Bradley Bursack, CDSGF Jul 2012
You'll likely need to see an elder law attorney to see what you can do. You'll need proof that your sister is guilty of fraud before going to court. At any rate, a consulting session with an attorney would likely be a good idea.
Take care,
Carol

igloo572 Jul 2012
You need an attorney who practices in the county in which your mom lives.

To make the best use of your time with the attorney get copies of all legal items in advance: copy of the original trust document; if mom has in fact been sued a copy of the docket for the lawsuit(s) and a copy of whom was served, you can just go to the courthouse and get these for a nominal fee; copies of all other legal like mom's marriages, divorce, and spouse info (death certificate); and all banking info; and any old legal - like the will that the trust replaced. Also do a timeline on what you think did or did not happen that affected your mom's health care and financials. Providing this will cut down on the $ spent by the paralegals as well as give the attorney a realistic picture of what you feel the situation is and if there are grounds to investigate.

Fraud in an intimate or family situation is very hard to prove as often what you have is bad judgement rather than deliberate misrepresentation.

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