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.


Asked on 11/09/06, 11:03 pm

1 Answer from Attorneys

Donald Field Donald L. Field, Jr., Attorney at Law

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.

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Answered on 11/10/06, 11:10 am


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