My sister passed away in 2010 and that left only my mom and me. She was competent and able bodied, living alone. My sis took care of her finances at time. She had me to come home two weeks before passing to help care for mom. Her passing was a great shock and she had not prepared me or left any instruction to extent of financial assets. She was in charge of three previous inhertiences that had been left for moms care. When she passed we all of sudden had family coming out of woodwork that had not been a part of our lives for 20 years. They weren't there for the loss of any of the others but thought mom would be vulnerable with sis gone and didn't know I was back in picture. In order to get these vultures to stop harassing and tormenting my mother and taking us to court for custody of her money but not her care we were forced into an irrevocable trust with a bank as trustee. She named me as POA of health and financial decisions in case she should become unable. I was to be her voice with this bank and she made this clear. We were having to take these actions and start fighting these family members before the funeral so it was the day my sis passed that the harassment started. This past oct 2013 my mom took turn for worse mentally and now this bank is not wanting to provide her with funds to cover her basic needs and monthly meds. The trust balance has not faultered in three years even with building a new home as hers burned the year after sis passed. All of sudden they are saying that the monies are not there to Have a care taker or to keep her weekly funding the same and have cut it to amount that no longer covers her weekly needs. Plus I am to do all care 24/7, household and yard care with no funds to keep us both alive. She can no longer be alone at all. She can not feed herself bathe herself and has lost control of bowels and bladder. What can I do?
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I am in So California and there are some attorneys that you can see for free or a low fee. I think you need to get someone like this to help you. I personally do not understand how they can refuse to give you money to live on and take care of her needs IF SHE HAS ENOUGH MONEY IN THE TRUST. If her account has gone down to zero then I can see it. The other thing I am wondering is does this have to do with her have POA rather than DPOA, someone help me but doesn't a POA lose their ability to work if the person becomes ill where a DPOA doesn't? I do not know how to word it.
Another person one time wrote something about their families trust and how it had stated that a certain amount of money had to be held aside for certain individuals and maybe that is true for taxes or other fees. There is probably a logical explanation but the trustee is failing to be open and honest with you. An attorney could help you wade through it.
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