QUESTION

Can I contest an irrevocable living trust myself?

Asked on Sep 14th, 2014 on Trusts and Estates - Georgia
More details to this question:
It has come down to self-representation since I cannot find a lawyer, and I wonder if I can do that. Here is my case that no lawyer will take without min $50K: After my father died, I moved in to take care of my mother, while my sister took care of the money/bills. My mother was stage 4 Parkinsons then, quite bad. After 2 years, she recovered to stage 2; but during that time, my sister seize control of all my mother's assets, except her pension. Here is how: First my father's will was not probated. Then my sister got POA from my mother--my mother signed it. Then my sister wrote a new will for my sister (with the help of a lawyer), and gave it to my mother to sign--she signed it. Then my sister wrote an irrevocable living trust, naming herself and her children as 75% heir of estate and me 25%, and with herslef as judge to give me anything at all. Now, my sister won't give my mother any money from the trust, for her health care. I live with my mother still, caregiver daily.
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
You may need to get yourself appointed as your mother's conservator. As conservator, you can then go after your sister for fraud or theft on your mother's behalf. You would seek the conservatorship in the probate court where your mother lives. However, unfortunately, without a competent attorney, you have a very long, hard, road ahead of you and may not be successful. Try calling attorneys who do elder law other than the ones you already called - it's not always $50,000 to handle this kind of matter, although it certainly isn't inexpensive, either. One other option is to try to contact the white collar crime or elder financial abuse department of your county's District Attorney's office, or even simply the police. Best wishes to you and your mother, and it sounds like she is lucky to have you looking out for her.
Answered on Oct 05th, 2014 at 7:08 PM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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