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Living trust and psycholigical disorders

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houdini8

Junior Member
MA: My father has a well-known psychological condition known as borderline personality disorder which typically leads among other things, to lifelong patterns of manipulative behavior toward loved ones, as well as other kinds of emotional and physical violence.

For the last 9-10 years, he has been using his estate-planning process to express his views on which of his two offspring is more deserving (me or my sister).

My father (76) and I both live in Argentina (country in which holds sole citizenship), though we haven't spoken for 7 years.

My sister lives in the U.S. (both she and I have dual U.S./Argentine citizenship).

Argentine law strictly prohibits a parent from disinheriting any offspring. Typically an estate is divided into 50% for a spouse if one exists, and the rest is divided among the children of the deceased.

Most of this estate is invested in the U.S. stock market, and recently my father has been in talks with my sister to make her the executer of a living trust in which his current wife, my sister and her children will be sole beneficiaries, excluding me and my children.

My question is:
1. how can I contest this arrangement and exercise the law of the land where my father resides vs. the law in the country where he simply happens to have his investments?
2. if this is possible, how might I locate the accounts / documents involved in order to contest, assuming that I won't have my sister's cooperation in sharing info?
 


Dandy Don

Senior Member
Is an attorney helping him write his trust?

How do you know how the trust is being written?

If he dies in Argentina, the probate and trust law for Argentina is going to be the only deciding factor in how this trust is administered, which is why you need to be talking to a trust attorney in Argentina to get your questions answered.
 

houdini8

Junior Member
follow-up

Is an attorney helping him write his trust?

How do you know how the trust is being written?

If he dies in Argentina, the probate and trust law for Argentina is going to be the only deciding factor in how this trust is administered, which is why you need to be talking to a trust attorney in Argentina to get your questions answered.
I know the trust is being written in the U.S., and will be funded once my sister signs. So what you're saying is that even though this document was drafted and signed in the U.S., it can be overridden by some sort of legal action from an Argentine probate lawyer? Who needs to be contacted/served in this case..my sister? Does she need to disclose the existence of this trust?
 

Zigner

Senior Member, Non-Attorney
I know the trust is being written in the U.S., and will be funded once my sister signs. So what you're saying is that even though this document was drafted and signed in the U.S., it can be overridden by some sort of legal action from an Argentine probate lawyer? Who needs to be contacted/served in this case..my sister? Does she need to disclose the existence of this trust?
Here in the US, the trust takes "ownership" of the things that are put in to the trust.

Furthermore, if your father holds US accounts with beneficiaries, then, here in the US, those beneficiaries would receive whatever funds are in those accounts without going through the probate process.

You really need to find legal counsel in your country who is also versed in international matters, such as this appears to be.
 

Dandy Don

Senior Member
In addition to talking to a probate or trust attorney in Argentina about this situation, you may also want to talk to a family law attorney to see if a conservatorship would be needed in this situation to officially put someone in charge of managing his financial affairs right now while he is still alive if he had been officially diagnosed with a psychological disorder.
 

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