Legal Question in Wills and Trusts in New York
irrevocable family trust
I am one of 3 children. My father has passed and my mother is still alive. About 2 years ago we had a family disscussion(3 children and mother) to establish an irrevocable family trust for the sake of protecting the family home. At the time my mother set this trust up with the attorney she was in good health. I am the middle child and the most responsible, so I was named trustee and the trust would hold the home and distribute proceeds at death equally in thirds. The oldest child (my brother) has always lived with my mother, and has struggled financially for 20+ years, owing taxes, child support, student loans etc... With destroyed credit my mother has been there for him. He has not paid taxes in 15 years or had a job with reportable income. All was fine until I received a letter from my mothers attorney saying she is looking to rescind the family trust due to the fact that undue influence by me forced her to establish the trust and that she was not in her right mind to establish anything. I feel that my unaccountable, financially strapped brother is directing her to do so. After the trust was established she came down with alzheimers. I also received a letter as well as my sister removing us as beneficeries .any thoughts.
2 Answers from Attorneys
Re: irrevocable family trust
Who created the trust? You should get in touch with this attorney or hire another attorney to protect you immediately. You will need to do this to protect your rights and possibly to defend the trust as drafted.
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Re: irrevocable family trust
You do not say if the letter you received was from the same attorney who prepared the trust, or someone new. If the former, there are many issues, as he should have gone over these issues before he prepared any documents. I concur with Steve that something is amiss, and needs to be looked into, particularly as several years of trust operations have passed. I also suggest contacting your mother's doctor and see if he can provide any information. I have not seen the document involved, so I cannot comment on what was done or what can be done now (either by you or your mother). Who was present when the attorney drew the trust, who took her there, was that person present during discussions and similar questions and documentation need to be made now. I caution you that a major legal battle appears to be on the horizon and you should prepare yourself for it.
Note: This is a response to an Internet question and the reply is not intended to be legal advice or create an attorney-client relationship. Also, there may be more facts that need to be reviewed which could change the response.
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