What is the name of your state (only U.S. law)? Oregon
More than a decade ago my Mom and Dad had a good estate planning attorney create a Joint Living Trust for them. Everything was put into the trust including bank accounts with trust printed on the checks, vehicles, home, even household possessions. The addendum has been kept current to include the current car etc.
My folks were much younger then and their minds were sharp.
I have one sibling and everything is left jointly to the two of us.
Due to my background in banking, title insurance and real estate, and because I'm a good businessman, my folks named me the first successor trustee and my sister the second. My sister is a retired home ec teacher and knows nothing about the business world out there. She's also a sneak cheat.
Mom has died and Dad is now 94 and a bit senile although he's pretty good for his age.
A month ago when my sister was here from out of state visiting, she, behind my back, typed up a new trust, changing it to name herself as first successor. She also added some clauses she found in another trust which I don't even know are enforceable. One is "If any heir contests this trust in court, they (sic) will lose all of their inheritance."
My sister took that trust and Dad to a title company and had him sign it and had it notarized. She put a copy in Dad's files and I, being suspicious, found the copy.
So, my Mom died leaving me half of everything and the first ST and a trust without the extra new clauses.
Please, without me starting a family feud, where do I stand and what are my options? Can my Mom's "will" be changed after she dies?
My sister has already bled Dad of cash and Mom's jewelry and she won't play fair after Dad passes unless I'm in charge.
Thanks!
More than a decade ago my Mom and Dad had a good estate planning attorney create a Joint Living Trust for them. Everything was put into the trust including bank accounts with trust printed on the checks, vehicles, home, even household possessions. The addendum has been kept current to include the current car etc.
My folks were much younger then and their minds were sharp.
I have one sibling and everything is left jointly to the two of us.
Due to my background in banking, title insurance and real estate, and because I'm a good businessman, my folks named me the first successor trustee and my sister the second. My sister is a retired home ec teacher and knows nothing about the business world out there. She's also a sneak cheat.
Mom has died and Dad is now 94 and a bit senile although he's pretty good for his age.
A month ago when my sister was here from out of state visiting, she, behind my back, typed up a new trust, changing it to name herself as first successor. She also added some clauses she found in another trust which I don't even know are enforceable. One is "If any heir contests this trust in court, they (sic) will lose all of their inheritance."
My sister took that trust and Dad to a title company and had him sign it and had it notarized. She put a copy in Dad's files and I, being suspicious, found the copy.
So, my Mom died leaving me half of everything and the first ST and a trust without the extra new clauses.
Please, without me starting a family feud, where do I stand and what are my options? Can my Mom's "will" be changed after she dies?
My sister has already bled Dad of cash and Mom's jewelry and she won't play fair after Dad passes unless I'm in charge.
Thanks!