Legal Question in Administrative Law in California

Parents created a Living Trust Feb 2014, for which I am the Trustee. I also have the Last Will and Testament and also Power of Attorney for Health Decisions. Jun 2016 my mother was diagnosed with a terminal illness Congestive Heart Failure and was advised by the doctors to be home-bound, My father was diagnosed with dementia and pneumonia. My father was hospitalized Sept 2 2016, he was then taken to nursing home, he later died Sep 10. My mother at 80, was obviously very distraught, depressed, and very vulnerable. Sept 29, my sister took her to the bank (despite being homebound) to close her checking account and open a new one with my sister's name. When my father's life insurance ($20k net after funeral expenses), she also took that money even thought it should have been part of the Trust. During this time, my sister have been manipulating and brainwashing my vulnerable mother that I was taking money out of their checking account (this was actually authorized by them since I have been taking care of them since 2013 when my father lost his driver's license due to his glaucoma). My sister also convinced my mom that I 'threw them like garbage' into the nursing homes. My father was admitted to nursing home because he had no assurance of 24hour care at home and my mother was admitted to nursing home due to a fall. So them being in nursing home is more of a necessity. I believe that my sister convinced my mom to make changes on the trust. My question is, if there is any changes to trust, fall under 'undue influence' ? how can I prove this in court so that I can maintain the original terms of the trust.


Asked on 2/20/17, 8:14 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You need to see a lawyer in person; one who specializes in living trusts. Your narrative certainly gives a strong suggestion that there has been at least some elder abuse and/or undue influence, but there are also some uncertainties, e.g. whether there are one or two separate trusts (one for each parent) and whether anyone has anything in writing that modifies the Feb. 2014 trust. I believe it'll turn out to be well worth your time and costs to see a local attorney in person.

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Answered on 2/20/17, 10:55 am


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