What is the name of your state? CA
My Mom/Dad's Revocable Living Trust was established in 1992, left everything evenly split among the 3 siblings. The distribution stayed the same for decades.
In September 2012, a first amendment was made mostly dealing with under what conditions Trustors could be ruled incapacitated. This was probably addressed at this time due to their advancing age and my mom's previous Parkinson's diagnosis as well as my dad's extensive heart problems.
In August of 2014, a second amendment was made to add a no contest clause. Although from the look of my moms unusual child-like signature, it's questionable if she understood.
In May 2015, a third amendment was made on the same day Mom was determined to be incapacitated by a doctor (mentioned in amendment). Dad amends the trust to include $200,000 off the top for my sister along with their car (or successor car). The remainder would be divided evenly among the 3 siblings. He stated this was for all her help and sacrifice (she is a nurse who lives close to them) in helping care/coordinate care for them (they had full time professional caretakers paid by them).
NOTE: The mechanism to rule one Trustor incapacitated requires declarations of one doctor and one child of the Trustor (as per 1st amendment Sept 2012). Third amendment mentions the doctor's findings but does not say anything about child of Trustor declaration. Never mind the fact she would be the benefactor of this amendment which may be a conflict.
My Mom passed November 2015. In August 2017, my Dad made a final fourth amendment to the Trust leaving ALL proceeds of the Trust to my sister (estimated $1,200,000 inc house) and making her the Trustee upon his death. He states his reason for this change is for all her hard work and sacrifice for his care (he also had full time professional caretakers 24 hours a day paid by him). This was the exact reason given just 2 years earlier for the $200,000 and the car.
My father passed several weeks ago and we just received a copy of the Trust from our sister's lawyer showing all the later year amendments and the final amendment cutting us out completely. We believe this was a methodical operation by my sister especially since the death of our Mom to get my Dad to do exactly what he did.
She is a master manipulator and would often tell him the only reason he is a live is because of her. he even started repeating it himself. We also understand that she would trash both of us to our father on a daily basis, especially the last few years. She also helped herself to tens of thousands of dollars of vacations by taking cruises (at least 10) with him as his companion the last two years. I'm sure her bank records would show other monetary benefits we don't know about.
Do me and my brother have any recourse or are we simply out of luck?
My Mom/Dad's Revocable Living Trust was established in 1992, left everything evenly split among the 3 siblings. The distribution stayed the same for decades.
In September 2012, a first amendment was made mostly dealing with under what conditions Trustors could be ruled incapacitated. This was probably addressed at this time due to their advancing age and my mom's previous Parkinson's diagnosis as well as my dad's extensive heart problems.
In August of 2014, a second amendment was made to add a no contest clause. Although from the look of my moms unusual child-like signature, it's questionable if she understood.
In May 2015, a third amendment was made on the same day Mom was determined to be incapacitated by a doctor (mentioned in amendment). Dad amends the trust to include $200,000 off the top for my sister along with their car (or successor car). The remainder would be divided evenly among the 3 siblings. He stated this was for all her help and sacrifice (she is a nurse who lives close to them) in helping care/coordinate care for them (they had full time professional caretakers paid by them).
NOTE: The mechanism to rule one Trustor incapacitated requires declarations of one doctor and one child of the Trustor (as per 1st amendment Sept 2012). Third amendment mentions the doctor's findings but does not say anything about child of Trustor declaration. Never mind the fact she would be the benefactor of this amendment which may be a conflict.
My Mom passed November 2015. In August 2017, my Dad made a final fourth amendment to the Trust leaving ALL proceeds of the Trust to my sister (estimated $1,200,000 inc house) and making her the Trustee upon his death. He states his reason for this change is for all her hard work and sacrifice for his care (he also had full time professional caretakers 24 hours a day paid by him). This was the exact reason given just 2 years earlier for the $200,000 and the car.
My father passed several weeks ago and we just received a copy of the Trust from our sister's lawyer showing all the later year amendments and the final amendment cutting us out completely. We believe this was a methodical operation by my sister especially since the death of our Mom to get my Dad to do exactly what he did.
She is a master manipulator and would often tell him the only reason he is a live is because of her. he even started repeating it himself. We also understand that she would trash both of us to our father on a daily basis, especially the last few years. She also helped herself to tens of thousands of dollars of vacations by taking cruises (at least 10) with him as his companion the last two years. I'm sure her bank records would show other monetary benefits we don't know about.
Do me and my brother have any recourse or are we simply out of luck?
