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Is there anything else I need to do to Protect Mother's estate?

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Yappit

Junior Member
What is the name of your state?California

After a half sister of mine defrauded me of an inheritance and a lawsuit is currently going on, my mother and I decided to protect Mom's future estate. My mother never adopted the half sister, just was a step mother because my mother married our same father. My mother is horrified as to what my half sister has done and is doing with another relatives estate and includes fraud, etc.

So, my mother did a Revokable Living Trust, I have been joint on her bank accounts for over 30 years, she notified all her banks that after her passing, the half sister is to receive nothing, and the Trust itself completely leaves her out, clear and explicitly. The trust is signed and witnessed by 2 witnesses. I also have power of attorney for my mother who is still living.
I am so worried that out of pure revenge, my half sister will try something after my mom passes away. The half sister lives out of state, which is a good thing. I am close by my mother's home. So, if the Trust states pure and clear that no one can contest her trust, that I am her only beneficiary, etc. then is there anything else I have to do to protect my mother's estate from the fraudulent half sister??
 


Dandy Don

Senior Member
Does she also have a will or was she smart enough to put all of her assets into the trust?

Who is the trustee?
 

McGurk

Member
Protection.of.estate

I'm.in.CA.also.and.my.father.had.his.trust.approved.by.the.probate.court.while
he.was.still.alive.and.competent.giving.notice.to.anyone.who.wanted.to.object.
That.still.wasn't.enough.his.son.is.suing.his.daughter.for.wrongful.disinheritence
in.civil.court.I've.asked.what.more.he.could.have.done.to.protect.me.from.my
brother.and.nobody.has.any.answers.
 

rmet4nzkx

Senior Member
McGurk said:
I'm.in.CA.also.and.my.father.had.his.trust.approved.by.the.probate.court.while
he.was.still.alive.and.competent.giving.notice.to.anyone.who.wanted.to.object.
That.still.wasn't.enough.his.son.is.suing.his.daughter.for.wrongful.disinheritence
in.civil.court.I've.asked.what.more.he.could.have.done.to.protect.me.from.my
brother.and.nobody.has.any.answers.
Please don't hijack a thread, I'll put this information on your thread, it will make more sense there.
 

GaAtty

Member
GaAtty

Of course there is more that can be done, but nobody ever wants that option. The solution is, of course, for your mother not to have an estate. The way to do that is that she gives away her property now. Obviously she may not want to do that. Also, the sister may challenge that, especially if your mom dies shortly after making this gift. The sister will probably claim that it should go back in the estate. However, the longer the time that passes between the gift and the decease, the harder it is to challenge. Is the trust made by an attorney? If not, I would suggest it. I also think that an irrevocable trust is harder to challenge. I also think your mom needs to have an attorney review the trust she has, if she is going to keep it. At least in my state, the bank account would not be yours unless she made a clear intention to gift to you of her part of the funds. That is why it would be better if she just gave you that money now.
 

McGurk

Member
Elder.Abuse

rmet4nzkx said:
Please don't hijack a thread, I'll put this information on your thread, it will make more sense there.
..I'm.sorry,.I.thought.you
had.read.this.I''m.confused.
 

Dandy Don

Senior Member
Something else that she can do is to not completely leave that person nothing, but rather leave that person a nominal amount ($1.00, $100.00, or whatever) along with her reason for disliking that person, so that it is absolutely clear that she is disliked, and then she would have no grounds to contest it because the intention was clear.

DANDY DON IN OKLAHOMA ([email protected])
 

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