Indiana: 1997 Living Trust, 2018 sudden POA change

[ConfusedIndiana]

Indiana:

My mother had a health issue around the first of June, 2018. This issue escalated into a major decision on behalf of my siblings and me. We visited a lawyer to find out exactly how to go about handling things. My parents Living Trust was written in 1997, and with it being as old as it is, it was better to check with a lawyer for information. I was appointed POA-Property; my sister was appointed POA-Health.

Since then, my siblings have had my mother change her POA-Property so that I was removed, and my brother was my replacement. My mother insisted that I still remain in charge of the Living Trust even with the POA change. I think the doctors' note may predate the POA change as I have also been visited by APS regarding the POA change and the doctors note.

I have requested, in writing, the Living Trust documents along with the doctors' note that is required to implement it and they are refusing to give them to me so I can take care of things. My mother’s bank accounts and property are in the trust and my siblings found out that just changing the POA wasn’t going to give them access to these. Based on some things that have happened recently, I believe they are now trying to have me removed as Trustee. The POAs are active now, as mom has been declared incompetent. I believe I am currently Trustee yet I can’t do anything about it because they refuse to give me the documents I require to prove that. Even though the POAs are active they still have mom signing her checks (although recently we confirmed that my sister has signed my mother's name on some of those checks and we reported it to the bank).

I know I should see a lawyer, but how can I prove to him that I'm trustee if I don't have the documents?

 

[xylene]

You need to see a lawyer immediately.

Based on some things that have happened recently, I believe they are now trying to have me removed as Trustee.

Could you flesh that out a little more?

. Even though the POAs are active they still have mom signing her checks (although recently we confirmed that my sister has signed my mother's name on some of those checks and we reported it to the bank).

Who is we in this?

How many siblings are involved, including yourself?

Does your mom have large assets?

 

[adjusterjack]

I know I should see a lawyer, but how can I prove to him that I'm trustee if I don't have the documents?

Hire a lawyer. He will tell you what you need to do.

Nothing changes until your lawyer gets your siblings into court, one way or another.

 

[ConfusedIndiana]

You need to see a lawyer immediately.



Could you flesh that out a little more?

My mother's bills, just bills, not bank statements or anything else started coming to my address although I didn't request it. The lawyer who changed the POA, back in August, just recently sent the bill to my address. When I asked her what the bill was for? She said it was for the POA change and just to forward it to my mother or brother for payment. Does that make sense to you? Why not just mail it to them?

Who is we in this?

My wife and I. We received a reimbursement check from my sister for some expense of Mom's and that's when we noticed it.

How many siblings are involved, including yourself?

6, 2 boys, 4 girls. I'm the youngest son.

Does your mom have large assets?

Not really. Property and bank account in trust, maybe total around $200,000.00 but that will get eaten up with medical.

 

[Dandy Don]

Did your mother retain the services of an attorney to draft her living trust? Is this the same attorney who did the POA change?

You should have been given the trust (or a copy of it) when it was finished in 1997.

Is there also a last will and testament, along with the trust, or just the trust only and no will?

The good news for you is that any changes made after the doctor's note will eventually be declared invalid.

It's a shame that greedy siblings have interfered to mess up/complicate what could have been a fairly straightforward situation if it had been left alone. Yes, consult an attorney immediately and ask whether a conservatorship is needed to handle her finances now.