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  1. #1
    Join Date
    Oct 2005

    Please help with executor mismanagement!

    What is the name of your state? California

    My mother is very near death and my brother is the executor of her living trust. My mother was diagnosed with Alzheimer’s more than two years ago and had to be placed in a Alzheimer wing of a retirement facility a year ago. My brother as the executor of her living trust started paying bills from her accounts after the doctors said she could no longer manager her affairs.

    The living trust which I have a copy of states all the property will be divided four ways with one share to each of her children and one share to her grandchildren. She has three children, my brother, the executor, my sister and myself. The fourth share is to be divided between her grandchildren, she has two grandchildren and they are both my children as well. Neither my sister nor brother have any children.

    My brother and sister have always resented the fact any money was left to my children and have made it know to me on many occasions. I just learned however that my brother approached the writer of the living trust with a letter about how to change the trust so the children will receive substantially less than specified in the living trust. The writer of the living trust sent us a copy of the letter my brother wrote asking to change the trust.

    My brother has become extremely generouse with money and has begun paying my sister to visit her mother and my brother has been giving out elaborate birthday presents to my sister and myself from my mothers accounts. (Birthday checks sent by brother are from mothers account) He recently purchased a new car and had a solar energy system installed in his house, I am not certain he used moms money for this but I suspect they were also presents from mom.

    My mother has a very substantial estate and our father died ten years ago. Am I entitled to a statement of what is in the estate and the disbursements being made.

  2. #2
    Join Date
    Aug 2005
    St. Odo of Cluny Parish
    My mother is very near death and my brother is the executor of her living trust.

    Living trusts do not have executors.

    In any event, if you feel like there is mismanagement somewhere, then you need to get a lawyer and sue whoever it is you think is managing whatever.

    Your post is hard to follow.

    There are two rules for success:

    (1) Never tell everything you know.
  3. #3
    Join Date
    Oct 2005
    sorry my brother is the trustee not the executor you are right.

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