Legal Question in Wills and Trusts in California
Brother forced Mother in signing over property and trust.
My Brother forced my Mother in signing a trust of some kind inwhich everything is willed to him. My mother wants the property to be divided evenly between seven kids, with the exception of $40.000 going to--name removed---name removed--which is owed to her for saving the house. My Mother is handicaped and has no money or a way to get to an attorney. My Brother told her that his attorny told him that everything is locked in and the only way she can change it is by sueing him. I have power of attorney for my Mother. What can we do to change this situation?
3 Answers from Attorneys
Re: Brother forced Mother in signing over property and trust.
I think you should contact your county's Adult Protective Services unit - LA County has a webpage at http://da.co.la.ca.us/seniors/abuse.htm#financial which discusses financial elder abuse.
Re: Brother forced Mother in signing over property and trust.
I'd be more than happy to help. Please contact me by telephone. It would help if you had a copy of the trust and POA.
Sincerely, Phil Lemmons
Re: Brother forced Mother in signing over property and trust.
If your mother still has capacity, she can sue on her own behalf. If she does not have capacity, there are several methods for attacking the estate plan through a civil suit or the probate court. You may be able to include an elder abuse claim. I have substantial experience handling these types of claims. Please contact me for a free consultation.
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