• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Caregiver vs. Children

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


Junior Member
What is the name of your state? Virginia, State where question applies:California

I'll try to make the background info as brief as possible. My father passed away in 2001 at the age of 93. I am the oldest(31) of 2 children, my sister is 28. My mother divorced him in 1999 with the divorce finalized in 2000. He was devastated as she had an affair with another man (she is now 58). So he moved to California to live with a niece and her family. He realized a few months after moving to CA that he wanted to live own his own, so he bought a home in the bay area. He was in relatively good health for someone at 92 but unable to drive and had limited physical endurance. So he hired a LPN who was recomended to him by his divorce attorney(who later handled his living trust). He quickly became enamored of her and was paying her a nice salary for her to make home visits 3 days a week. Fast forward to March 2001 and his health had deteriorated so I came out to care for him trying to fulfill his desire to not have to be hospitalized or in a nursing home in his last days. I ended up caring for him until his death 4 months later (with no help from the LPN BTW) During this time (and prior to) he made clear to me what was to become of his estate (approx 1,000,000) and that he had named me as the executor/trustee of his living trust that he had established approximately a year before. After his death when the trust was opened? revealed? The LPN was named the executor of the trust whose purpose was vaguely defined as "helping senior citizens" my sister and I were not named as benificiaries, although I was named as executor should the LPN die or decline. There was a second trust naming my sister and myself as benificiaries but it was not funded. I was never allowed to see the first trust even though I was named as succesor executor(not sure if terminolgy is correct). Bottom line the LPN got the whole estate. Worse still there were no provisions made as to her giving us or anyone an accounting of what she was doing with the trust as to the stated purpose. I consulted several attorneys and hired one for 2 months but after paying $4000.00 he told me that the chances of succesfully contesting were slim to none. So I decided to go back to VA mainly because I was almost broke after not working for 4 months caring for my dad and 3 more months trying to figure out what to do. I did find out that my father named the LPN as the executor/trustee only 2 months after he hired her. Also numerous other people relatives friends etc. heard what my father wishes were and they never involved the LPN. Is there anything that can still be done or has time expired. Can a case of undue influence still be brought or is it to late. What can I do to see if this woman is exercising here fiduciary responsibility. I really need some answers so that maybe I can find some peace of mind. Thank to everyone for their help. If you want to e-mail me my address is [email protected]. Thank you.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential