Legal Question in Wills and Trusts in Massachusetts
Trust revoked continued
Thanks for the fast replies! I don't have a copy of the trust so I will try to obtain one through the registry of deeds since there are properties involved. If she had removed me, would there have to be an updated copy of the trust on file there? I was always told my whole life I'd have this money to use so this is pretty frustrating. The other thing is that my mother has been showing plenty of signs that makes me believe that she may no longer be competent so perhaps there is some legal recourse I can have here?
2 Answers from Attorneys
Re: Trust revoked continued
There may or may not be an updated copy of the trust on record -- it's possible that your mother's real estate is held in a nominee trust, which is a shell allowing the true owner (such as a revocable trust) to keep its identity private. The only way of knowing for certain is to see what's on record.
As for your question about capacity -- the answer is "it depends." There's a very high threshold to prove that someone does not have the ability to make a will or a will substitute.
Re: Trust revoked continued
If you have a legitamate reason for believing there is undue influence or if there is competency issue you could challenge your mother's actions. You could seek to have a guardian appointed for her.
However, if you lose, you are not likely to get anything from your mother.
If you want to discuss the matter more fully, please feel free to contact me.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
