Legal Question in Wills and Trusts in Pennsylvania

Consult with an experienced estates and trusts lawyer in your area. You need to have the trust document reviewed to find out what your rights are and how to enforce them.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Any attorney needs to review the trust document to know what it says and what you and the others are entitled to. I suspect that your parents created a marital A-B type of trust. If this is the case, two trusts are created when your father died - a trust for your mother and a family trust. Under the terms of typical marital trusts, your mother would have the power to take money out of the family trust if need be. Your mother could not be the sole trustee of the family trust.

What I suggest is that you take a copy of the entire trust to an estate planning attorney specializing in trusts and trust litigation and pay the attorney to review and address it with you to see if funds are properly being withdrawn by your mother. If not, then she can be removed as trustee and if your brother is participating in this he likewise can be removed.