Legal Question in Wills and Trusts in California
disabled adult child not specified in trust
I am 41, disabled and raising my 10 year old daughter and my 11 year old son as a single parent on ssi, welfare and child support. The trustee sister is forcing to sell my moms home on 5 acres, which would leave me homeless and the inheritance would cause me to loose my benefits and I need the health insurance.
My second oldest sister is executor/trusstee and totally mean to me, says she does care about my problems or feel sorry for me one bit. So now my sister had already forced me to resign Power of attorney my mom gave me and said it was a mistake it was suppose to be her, she took my mom to her attorney last year to do a new trust cuz supposedly the old one could not be found...she would not give me copies...what I did get is very vauge I want to know if its real and what it all means...I have spent months trying to get legal advice but cant afford it and legal aid does not do estate law. My mom said she would set it up for me to stay on her property and the youngest of the oldest too who we both lived there with her my sister in the house and me in a mobile home an a temporary hardship permit for displaced family member. What are my rights and I dont think I'm being selfish I have different needs for survival!
2 Answers from Attorneys
Re: disabled adult child not specified in trust
Mr. Roth is correct. You need to take a firm stand with your sister. She can not legally force you to give up any power of attorney or force the sale of your mother's property unless it is in a trust over which she has no control and is not designed for her benefit. But if your sister got her to agree to such a trust, your mother could probably overturn it by stating she did not know what the terms meant when she signed and that sister used undue influence and pressure [elder abuse] to force her to sign.
Try to see if there are any free legal agencies dealing with disabled single mothers, etc. Does the local law school have a clinic to assist people in your position? Discuss the situation with your mother and if she agrees with you, then have a family discussion so the greedy sister can be read the riot act by everyone else.
Good luck.
Re: disabled adult child not specified in trust
You have a big problem that will not be resolved, as a practical matter, unless you get legal representation. Since your mom is still alive, assuming she is still compentent mentally, she can do whatever she wants with her trust and the property with it. You are engaged in a power struggle with your siblings over control and influence of your mother. You have no rights that you are unwilling or unable to enforce and to do that you will require competent legal help.
Wish I could be more helpful, but I can't under these circumstances. You may want to contact local lawfirms that do estate planning and probate, let them know you need help and are on SSI and ask if they can assign a young lawyer to assist you pro bono. Attorneys have an ethical obligation to do some pro bono work. You will have to pursue this by calling enough attorneys, explaining the situation and getting someone's agreement to help you.
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