Legal Question in Wills and Trusts in Virginia

My mother's health is in severe jeopardy due to sibling's control over will

My mother is about to turn 71 and is the sole beneficiary of my father's estate. There is a trust fund in place that my father set up to take care of my mother after his death. I am her daughter and seriously concerned about my Mom's health because of my sibling's control over this trust fund. Initially, I was appointed as executor because my Dad knew that I would always take care of her. I became extremely ill seven years ago though, and at that time, my oldest brother took over the position. (The will stated that one of my siblings would take the role if I was unable to do it.)

At the beginning of every month, my Mom gets a set amount of money from the trust which always runs out in the middle of the month. After she pays her mortgage and utility bills, the money in her checking account is depleted. As a result, she has had to get credit cards to buy essentials, like food. If my Mom calls my brother and asks for more money from the estate, my brother lights into her and is cruel to her. On multiple occasions, I have had to give her some of my antianxiety medicine to combat her severe emotional distress from these conversations. The will does not stipulate how much money she can receive each month. Any suggestions please?


Asked on 2/15/08, 8:22 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: My mother's health is in severe jeopardy due to sibling's control over will

You could petition the court(assuming that your health permits) to take back the administration of the trust or request a hearing on the matter of substituting one of your other siblings(assuming there is one) for your oldest brother for the reasons cited in your question and, consequently, his apparent failure to fullfill his fiduciary duties to the beneficiary of the trust, namely your mother.

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Answered on 2/15/08, 9:20 pm


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