dpoa & trusts

[sambini]

What is the name of your state?What is the name of your state? Tennessee

For the past 3-4 years I had served as executor, dpoa, trustee on the house trust, and all of my parents bank & stock accts. As part of their estate planning, I had my parent’s house placed in a revocable trust to be evenly divided among the 3 kids upon their death. My father recently died and my sister (and sister-in-law) has now coerced my mom into changing all the legal documents. My sister had mom (still of sound mind but easily manipulated by the sister) revoke all my authority and set herself (the sister) up as DPOA, executor, trustee, etc. on all her assets. My sister is not to be trusted. She has been moving & hiding the assets, telling mom not to answer my calls, or even talk with me. She has convinced mom that this is all an attempt on my part to have her declared incompetent. We are going to be contacting the state regarding elder financial abuse about the situation.

My question is, can my sister use her dpoa to change the house trust so as to give me a lesser percent or cut me out all together? I anticipate that most of her cash assets (unless embezzled) will be used up for her care between now and when she goes into a nursing home.

Thank you for your time!

 

[BlondiePB]

My question is, can my sister use her dpoa to change the house trust so as to give me a lesser percent or cut me out all together? I anticipate that most of her cash assets (unless embezzled) will be used up for her care between now and when she goes into a nursing home.

If the DPOA grants authority to do so, yes your sister can make the changes. Coercion is a form of elder abuse in addition to the disappearance of of assests (financial exploitation). Call adult protective services now so that the situation can be fully investigated.

 

[sambini]

We will contact protective services. Thank you!

 

[4givinsinner]

Act Now!!!

If protective services do not do anything keep calling them. I just went threw the same thing, DHS went to my mother for one few minuete visit and did nothing now that my mother has passed and my sister is claiming everything is hers DHS says we should have kept calling till they did something. If she has got her name on the bank accounts and house, it will be considered gifted to her and you would have to find an attorney willing to take the case then do the right things and it would cost alot! You and your family are in my prayers! See an attorney now to before it is to late!

 

[sambini]

Thank you so much for sharing your experiences. We will start acting on this now & bug DHS until they do something.