My mom has a living trust for her business in which my 2 sisters and I are the beneficiaries. Recently our one sister has gone a little rough and has playing mom like a puppet trying to get her to sell the business. Mom is on her death bed right now and is making changes to the trust with the help from my one sister. My other sister, me and my dad are not sure what's really going on. My mom's lawyer has been making multiple trips to hospice to see her and bringing documents in and out when we're not there. It's worrying us that my one sister is getting her to change a bunch of stuff. I guess my question is... How can I get a current copy of the trust? And can we get her retroactively get her declared mentally incompetent? I need help.. PLEASE!! I'm at my breaking point! The business has been in our family for 75 years and I don't want to loose it! Thank you!
Answer
A living trust is likely to be an individual estate planning document. The business may be one of the assets of the trust.
I recommend you see an attorney in the area where your mother is living. Possibly, you would want to initiate guardianship proceedings now. The sooner you see an attorney, the more likely that anything done improperly can be unwound.
All that said, are you suggesting that you definitely suspect wrongdoing or just that you are unsure about what is going on? Is your sister someone that would take charge to see that some overlooked matters are addressed for everyone's benefit before your Mom passes or someone that would take advantage and assume that there will never be any challenge?
Answer
Why isn't your father more involved and demanding to know what is going on? The business is marital property and he has every right to know what is happening.
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