Revocable Trust being ignored!
My brother (who passed away Aug. 5, 2020) stated often that he left my 2 sisters and I a sizeable inheritance in his revocable trust. He listed his wife as executor; and my twin sister and I if his wife was not able. Wife would not be capable without help. Her niece, a lawyer who often asked my brother for money, is guiding the wife.
My brother’s lawyer said my brother’s trust rolled into his wife’s trust when he passed away. We’re told she can change everything so that his trust no longer does what he wanted it to do, and we can be thrown out. Is this correct?
My brother had one or two serious bouts of sepsis at the time he and his wife made an amendment to his trust (about Sept. 2007). He was diagnosed 2010 with bladder cancer. Could his health status when he amended the trust be considered as the reason that he & his wife amended his trust. His mental processing changed slightly occasionally.
He does have signatures on his trust of 2 people ensuring they will see that the trust does carry out what he wanted.
My brother had to put his money into investments to keep his wife (a former primary school teacher) from spending it all. Her niece (a lawyer) was always at their door asking for money. She is now the wife’s lawyer helping her execute the trust.
His rings (willed to his nephew) have disappeared. One of his paintings ( all were willed to sisters
and their families) is missing. He was recognized nationally by NEA Art Education.
Since the wife and niece are great spenders, it’s likely there won’t be much of my brother’s estate remaining when his wife dies.
Can we challenge the execution of my brother’s Revocable Trust?
Thank you!
Terry Says
You need to contact an attorney immediately. I don’t know how much money is involved here — but there could be liabilty on the part of the lawyer who rearranged the trust– OR the widow and her niece. But if you don’t get legal help now to stop ANY distributions from the estate, there won’t be much to argue about!
That means you will have an upfront expense on this fight. Contact the bar association, or if you really can’t find anyone send me an email to Terry@TerrySavage.com and I’ll make some recommendations.
