Legal Question in Wills and Trusts in Wisconsin
Can my father change my deceased moms living trust.
Five years ago my mother passed away. My mother had her own living trust for us kids seperate from my dads. Can my father change her living trust after her death? I contacted my dads attorney to find out. I was told to contact my dad. My dad refuses to talk to me or any one else,I understand that he is incompetent because of old age and one of brothers is trying to take everthing by not letting anyone talk to my dad. Is there anything I can do about this situation.
1 Answer from Attorneys
Re: Can my father change my deceased moms living trust.
Hello, thanks for your question. I have quite a bit of experience with living trusts, but honestly to help you solve your problem I would need considerably more informaton. However, as a general matter, the answer to your question is no. If your mother had a living trust, separate from your father, it is very unlikely that he can change it after she died. However, I dont know what the trust says. Perhaps she left most of her assets to your father and they are now in his trust. Unlike a will that has to be taken to court someday and is a public record, a living trust is much more private. It is up to the trustee named in the trust to tell interested people what is going on. If that is not done, a lawsuit might have to be filed. Again, I can't give you specific direction or advice without more facts. Best wishes,
Attorney Mark J. Mahoney 920-984-4529
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