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4charlie Asked August 2016

Can my brother void a Trust our parents signed?

My parents took me to their probate lawyer to sign papers that if something happened to them I would get their home. My dad passed away last year my mom has dementia and now my brother has power of attorney. Can my brother void that Trust they signed? He is trying to get everything. He moved her into assisted living, my aunt and I don't know where she is. My brother won't tell us. I took care of them for years. Now my brother comes in for the last 4 months and is trying to get everything.

Angelkw Aug 2016
If it is an irrevocable trust, it cannot be changed by anyone, not even the person who created it. If it is a revocable trust, POA does not give him the authority to change the trust unless it specifically states in the POA document that he can do that. And, if he tries to coerce your mother, you can step in and make sure the lawyers etc. know that she is incompetent and cannot sign to change anything.

Angel

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