Legal Question in Wills and Trusts in Pennsylvania
Changing of revocable trusts under misinformation
2 years ago my grandmother
established a revocable living trust
which named my mother (her only
daughter) and myselft as Successor
Trustees. The trust named
my mother as a 60% benificiary and
myself as a 40% benificiary. My
grandmother was in good health at the
time. Since this time my grandmother
expierienced a stroke and lives part
time with my mother. My mother now
has POA. 6 months ago my
grandmother signed a document
that my mother wrote to change her
trust naming my mother as 100%
benificiary to the estate. My
grandmother is under the assumtion
from my mother that there is some tax
shelter to her estate now because there
is only one benificiary. I cannot find
anything to support this claim. The
document that my grandmother signed
says nothing about changing the
Trustees. I'm assuming I can be a
Trustee and not a benificiary. I'm
worried that my grandmother is being
lied to and taken advantage of by her
daughter, especially considering that
my mother has taken property from the
house without my grandmother
knowing. What can I do now and if
something happens to my grandmother
to administer her trust in the manner
she meant for it to be distributed.
1 Answer from Attorneys
Re: Changing of revocable trusts under misinformation
if you believe your grandmother was not competent at the time the change was made to the trust, you will need to file a petition with the superior court to have your mother removed as trustee and have the change declared invalid.