Legal Question in Wills and Trusts in California
Harassement of an Elderly, Incompetent Person
Our elderly, incompetent mother is being harassed by her son, our brother,
who is 50+ years old and should know better. He has already managed to
get close to $1,000,000 of her assets by yelling at her, threatening her and
cajoling her. She has all of her remaining assets in a Revocable Living Trust,
of which Mom is the Grantor and she plus my sister and I are the trustees.
Her son is working overtime trying to get her to change the trust in his favor
and she can no longer think straight and has a history of being unable to say
no to him. What can we do to proctect both her and her assets that in the
Rovocable Living Trust?
3 Answers from Attorneys
Re: Harassement of an Elderly, Incompetent Person
You can have her declared incompetent, and take over as trustees. If she is still competent, she can resign as trustee and make you and your sister co-trustees, or remain as a co trustee, and add you and your sister too.
Might be some other language in the trust to help, too.
Re: Harassement of an Elderly, Incompetent Person
Possible suit for elder abuse, conservator if needed.
JOEL SELIK
Attorney at Law
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Re: Harassement of an Elderly, Incompetent Person
Depending upon the language of the trust, you may be able to have your mother removed as trustee by obtaining medical certification of her incompetency. Otherwise, a conservatorship petition is necessary, and possibly also an action for elder financial abuse. Please contact me if you need assistance.
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