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Violation of the trust?

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vixenn

Junior Member
What is the name of your state? Pennsylvania

My dad passed away in July 05. My mom passed away in August 06.
In 1997, my brother was named as executor of my parents estate. No problem there.
(there is a family trust and a will)
Mom had a long history of lung and breathing problems, and in the last few months of her
life developed heart problems. On July 3rd and 4th she was in CCU at a local hospital. They were trying different heart medications to get her heart regulated, but the problem was compounded because of her breathing problems. Bottom line, she was heavily medicated. On the 6th of July, my sister went to her hospital room and had her sign a form, an amendment to the family trust. (I have a copy of that form.) What that did was remove my brother as executor, and allowed her to take over. The form was notorized and signed by two witnesses. One of the witnesses was the notory, someone my sister knows. It still isn't clear if the notory acutally went to the hospital with my sister, or if she had the form signed, then took it to be notorized. It was mom's signature on the form, but it was clearly distorted, and I strongly believe that she did not know what she was signing. My brother refused to have this reversed because of the cost of doing so. Since then she has changed the locks on my parents house, allowing no one in but herself and her daughters. I go by the house and look in the windows, and one by one things are disapearing. I believe that is stealing from the estate. There are a lot of things wrong here, but first of all, is the form that was signed by my mom legal, because she was medicated? Second, can a notory also be a witness? and third, is it legal for my sister to be the only one allowed in my parents house, only to be taking things?
My brother, myself, and my sister are all listed in the trust as 1/3 owners. What can I do? Would appreciate any advice.

Now, on the weekend of 11/25-26, my sister has an estate sale for the contents of the house. I was not notified by anyone of this - I saw an ad the local paper! Is this legal?
 
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Dandy Don

Senior Member
You can not be properly advised because we don't know what form was signed. Do you even know the title of the form? Was it power of attorney?

Due to the complexity of this situation, you would be wise to consult a local probate attorney (if there is a will) or a trust attorney (if there is only a trust) as soon as possible.

DANDY DON IN OKLAHOMA ([email protected])
 

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