Legal Question in Wills and Trusts in Florida

Legality of trust

My mother in law moved here to Fla with my sister in law,husband, 2 children.

They bought a home with Moms $$ live ther rent free

They pay NOTHING to the house

Since moving here my Mom developed Dementia and Alzheimers

My sister in law made herself POA and formed a trust with my Mother in law who can't remember if she just ate or not

She signed all the legal papers She even got mom to buy her a new van so sis can drive mom around

We just found out my sister in law just took out a $50000

home equity signed by mom and her as trustee

She claims it was for her care

Mom pays electric, water, landscaping, Cable, insurance, telephone, computer access, Car repairs,Gas etc.

Mom has a decent income but can't support a family of 4 Sis uses her credit cards or cash for everything for mom as well as family.

last month alone was $5000 AMEX plus $250 food bills

Mom is lucky if she could eat $1 worth She has no clue how much $$ she has or where it goes.

I guess my question is does she have the right to do this

And sis feels the house will be hers after mom leaves us

They can't even pay the taxes (real reason for home equity)

What can we do to protect mom and my wife

Do we have to wait till the end and see how it plays out?


Asked on 3/29/05, 12:40 pm

2 Answers from Attorneys
Frederick Graves Jurisdictionary

Re: Legality of trust

No, your sister has overstepped her bounds.

You're in for a real court battle, and the longer you put it off the less there'll be to fight over. Order my complete collection of teaching materials "The Works!" at http://www.jurisdictionary.com and when you've familiarized yourself with the process, give me a call so I can help you get started. You need to put a stop to your sister and quickly!

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Answered on 3/29/05, 1:42 pm
David Slater David P. Slater, Esq.

Re: Legality of trust

Your wife, as a daughter certainly has rights. A guardian may have to be appointed for the mother and the trust may be set aside if she lacked mental capacity when signing. The longer your wife waits the less there will be.

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Answered on 3/29/05, 4:32 pm


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