Legal Question in Wills and Trusts in California
living trust
if two people are left as equal executors of a parents estate and one of them is on parole and takes money from the parents for drugs on a daily basis, and does not pay his share in rent like the other child does, what can be done, can the one not doing right by the estate be taken to court? or do we just let this person ruin our home and make us loose everything..we both are living with mom, dad just died and moms doing a living trust and putting both of us as equal executors...i have no record but my brother has a record for drugs and perjury...but my parents have paid his way for over 20 yrs..thank you for your help..i dont know where to turn mom knows what he is using the money for but cant say no to him, if she does he throws a tantrum..at 50 yrs old i think this is manipulation, and codependency...
1 Answer from Attorneys
Re: living trust
You may want to refer this to adult protective services, if your mother is truly afraid and can't say no to your brother. It may qualify as financial elder abuse, but as you're seeing, the elder typically is afraid to let other people get involved, so it may be easier to start with APS (check the government listings in your phone book).
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