Legal Question in Wills and Trusts in Alabama

Pop had will dividing all assets eqally between 2 kids. Sister has durable power of attorney.

One week before Pop's death from terminal disease sister files a deed that sells her the property which she turns over to an Irrevocable trust. Then day before Pop's death she had him sign a Bill of Sale for all his assets and vehicles to the Irrevocable Trust. She is the Trustee of the trust and has the right to do anything with the assets in the Trust. She signed all papers forming the trust and selling the property as the person having Power of Attorney.

What do I need to do? Can I do anything?


Asked on 5/20/11, 12:38 am

1 Answer from Attorneys
William Nolan Nolan Elder Law LLC

It is possible that your sister was doing some VA and/or Medicaid planning, not knowing that your dad was to die so suddenly. I wouldn't assume that she was acting out of malice until you have more information. What she did in terms of conveying to the trust is accepted planning strategy. What happens to the assets once they are in the trust might be the determining factor. Ask her for a copy of the trust to see if you are an equal beneficiary along with her of the assets in the trust. If so, it should all work out. If not, contact an Elder Law attorney to learn what you can do.

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Answered on 5/20/11, 5:54 am


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