Legal Question in Wills and Trusts in Missouri

I will try to keep this as short and sweet without any emotion or any conjecture as I can. Recently my grandfather passed away. My grandmother is still living, but due to suffering from severe dementia, she is unable to take care of herself. My mother had been staying with them for the past couple of years to help out. My grandparent's estate is in a living trust. My mother now has full power of attorney over my grandmother (with myself and a cousin as back ups if needed). Here is the problem... My mother states that she wants to change the living trust, so that everything goes to her and can then be divided up upon her death. She states the reason for doing this is so that my grandfather's land can stay in the family and she can live there and maintain the property. While I don't think anyone in the family has a problem with her staying on the property to maintain it, or taking anything at all that is needed from the trust for the care of my grandmother, I think we are all uneasy about her changing the living trust that my grandfather had set up. I am not going to get into the dynamics of trust and power struggles that my mother has with the rest of the family from time to time, but they are there, so it leave open the question of her motives.

I would appreciate anyone's responses with advice, legal or otherwise on how to approach this situation. Also, if someone could point me to any applicable Missouri statues that might come into play, I would be grateful.

1 Answer from Attorneys

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Missouri

Looking for something else?