Tried2doRight
Junior Member
What is the name of your state? CA
My mother & father established a revocable living trust & placed their home in that trust in April 2001. My father subsequently died shortly after the trust was established. My Mother was beginning to show signs of Dementia but was never diagnosed until 2002. My sister & I were Beneficiaries of the trust. Anyways, we've recently come to find out that my mother sold the home after quitclaiming the house out of the trust with no notification to either my sister or I. How was the attorney/my mother able to do this without notification ? I thought when my father died the trust became irrevocable ?
Unfortunately, my sister & myself were estranged from my mother due to relatives stepping in & basically turning my mother against us. And add the dementia & she was ripe for the picking. We attempted conservatorship but the court denied our requests & even our request to get her checked out by a doctor were denied... made no sense...We were concerned but thought this is where she wanted to be. In March of this year, I just came to find out my Mother had passed away in Dec of 2004. Now, my sister & I have begun the task of trying to sort out what happened to her & the estate. After speaking to her doctors this past month, I've come to find out she was suffering from dementia, amongst other things. & we've been tracing the money that was spent from the proceeds of the house.
We've traced the money by a cousin who might or might not have had power of attorney over my Mother, but we do know that the estate was used to pay off a home for the cousin, purchase vehicles for cousin & son. Then the cousin also purchased a business & in Dec of 2004 purchased a new home after my Mother appointed her as "trustee" of the financial account from the sale of the home. It appears to us she was spending the money even before my Mother passed away, which probably put my Mother over the edge.
We're figuring we'll have to pursue, welfare fraud, gift taxes, elder fiduciary abuse & undue inflence etc but have heard things such as Les Pendence that we should pursue on my cousin's new home where she used the estate to purchase in cash. But we don't know if this means taking my Mother's estate to probate ? or what have you ? or if Les Pendence is available ? & then again the original question of how was the home removed from the trust ? I know there is a 3 year statue of limitations ? but there was (in my mind) a lot of fraud going on. Was the sale of the house in the trust valid ?
My mother & father established a revocable living trust & placed their home in that trust in April 2001. My father subsequently died shortly after the trust was established. My Mother was beginning to show signs of Dementia but was never diagnosed until 2002. My sister & I were Beneficiaries of the trust. Anyways, we've recently come to find out that my mother sold the home after quitclaiming the house out of the trust with no notification to either my sister or I. How was the attorney/my mother able to do this without notification ? I thought when my father died the trust became irrevocable ?
Unfortunately, my sister & myself were estranged from my mother due to relatives stepping in & basically turning my mother against us. And add the dementia & she was ripe for the picking. We attempted conservatorship but the court denied our requests & even our request to get her checked out by a doctor were denied... made no sense...We were concerned but thought this is where she wanted to be. In March of this year, I just came to find out my Mother had passed away in Dec of 2004. Now, my sister & I have begun the task of trying to sort out what happened to her & the estate. After speaking to her doctors this past month, I've come to find out she was suffering from dementia, amongst other things. & we've been tracing the money that was spent from the proceeds of the house.
We've traced the money by a cousin who might or might not have had power of attorney over my Mother, but we do know that the estate was used to pay off a home for the cousin, purchase vehicles for cousin & son. Then the cousin also purchased a business & in Dec of 2004 purchased a new home after my Mother appointed her as "trustee" of the financial account from the sale of the home. It appears to us she was spending the money even before my Mother passed away, which probably put my Mother over the edge.
We're figuring we'll have to pursue, welfare fraud, gift taxes, elder fiduciary abuse & undue inflence etc but have heard things such as Les Pendence that we should pursue on my cousin's new home where she used the estate to purchase in cash. But we don't know if this means taking my Mother's estate to probate ? or what have you ? or if Les Pendence is available ? & then again the original question of how was the home removed from the trust ? I know there is a 3 year statue of limitations ? but there was (in my mind) a lot of fraud going on. Was the sale of the house in the trust valid ?