Mom has had will and POAs with me as executor/POA for past 15 years. Myself and her only grandchild were the beneficiaries. I am an only child.
Last December, Mom was diagnosed with stage 4 dementia/Alzheimer's.
Just found out she has removed me as POA, created a Living Trust, and moved her largest asset (Home) into the “Trust” last month, likely naming her only remaining sister (my aunt) as the Trustee and beneficiary.
I know this as about 6 months ago, Mom showed me a “draft” version of the “Trust” and when I questioned her about it, she said because “aunty” told her it was for the best since I live 4 hours away.
When I had POA, I contacted the attorney who drafted the Trust and informed them my mother has Alzheimer’s and to never contact my mother again unless I am present. Have the Attorney’s emailed response confirming she would cease and desist.
Guess that didn’t work as now I am out in the cold and Mom is playing “dumb” claiming she knows nothing about it.
Confirmed via county assessor site showing Moms name replaced by “Trust” on the deed.
Aunt and I are not on speaking terms and she refuses to respond to call/text/open door.
Is legal action my only recourse? Elder Law attorney in Denver, CO wants $20,000 retainer!!!
Can Elder Abuse Division of Attorney General in the state get involved as I suspect undue influence and coercion?
Call APS and ask if elder abuse section can be accessed in their opinion and if they can do anything themselves. I hope you kept copies of your letters to the attorney who DID cease and desist. Looks like Aunt did this when mom was already diagnosed with dementia? Do you have the date the property was moved into trust? IF you are right and the property now belongs to the Trust, Aunt is Trustee and the one who is the only beneficiary this does stink to high heaven.
And I think you are looking at a property here WELL WORTH protecting with that retainer fee if that's where it has to go, and this needs to go as fast as possible. Get as good a recommend as you can on attorney. That's a high retainer fee.
Good luck; hope you will update.