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How do I protect myself & siblings?

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R

Robs415

Guest
My mother has recently had a stroke which has left her partially paralyzed. Her mental capacity is also not 100%. When my dad died, she made a will and appointed my brother and sister, who live close to her as POA's. Other than that, she did nothing to prepare for her current situation. We have gone to a lawyer and it is in the works to put her house in a living trust in all four kids' names.
The problem is that I have begun to become suspicious of my brother who has POA. He has alienated my sister so that she has given up all her duties and left it in his hands. Now he is trying to shut me out as well. I am certain that he would always take care of my mother, yet I do think from his behaviors that he will attempt to get everything once my mother is gone. I worry that he may talk her into signing everything over to him. While there is not a lot of money, and I'm sure a lot will be spent on her care, my mother has priceless family heirlooms.
Should I seek legal council to protect myself and my other siblings? If so, do I go to my mother's lawyer or another of my own choosing? What can be done to prevent my mother from giving him everything? I know my mom, while trusting my brother, will do whatever it legally takes at this time, as she realizes the rest of us are uncomfortable with the situation.
 


ALawyer

Senior Member
Hope the lawyer Mom selects is NOT the tool of your brother who cuts out everyone else. If your mother asks the lawyer to do a fair allocation, that's all you can hope for. Discuss your fears with your mother if you think that is wise. And suggest that there be 2 successor trustees shoudl she become disabled or die.

The Power of Attorney should essentially be meaningless after the assets are in the Living Trust.
 

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