QUESTION
What should we do if my sister seemed to revise our father's will?
Asked on Oct 31st, 2013 on Estate Planning - Michigan
More details to this question:
My sister is the trustee of my late father's trust. Initially everything was to be equally divided among all siblings. This was amended a few years ago and the signature on the amended document does not look like the original. We never saw the documents until almost 2 months after he died. We believe that she spent his money or is keeping it for herself. Do we have a legal recourse? Can her actions be disputed?
17 ANSWERS
If the mater has not been resolved in probate court you can challenge the Will but it must be done at the beginning of the probate. You might have a separate suit for fraud against her but that also has a limitation period. You need to see immediately a probate attorney who also does litigation.
Answered on Nov 06th, 2013 at 2:02 PM
3 Awards
You seem to be mixing apples and oranges. I urge you to have a consultation in person with an attorney to address your specific facts, options and costs to go forward. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Nov 06th, 2013 at 2:02 PM
2 Awards
See an attorney! No one can advise you without reviewing the trust documents. If in fact your sister had a hand in changing the documents, you might be able to do something about it, but you will not know until an attorney reviews the documents and hears the facts.
Answered on Nov 06th, 2013 at 1:58 PM
David Thomson Egli
Your question and question detail are confusing. Is it a will amendment or a trust amendment? Is it the signature of your father that you are questioning whether it is original? Of course you can contest whether your father actually signed the trust amendment. Even if he did sign it, you can also challenge the validity of an amendment if the amendment was the result of undue influence of your sister or your father lacked capacity necessary to sign an amendment to his trust at the time it was allegedly signed by him. You should review the trust and trust amendment with an attorney experienced in probate, trust administration and contesting trusts and wills.
Answered on Nov 06th, 2013 at 5:17 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, hire a local attorney to look into the issues. It may be expensive because you will probably have to prove that is not your mother's signature and your sister will have to explain why the change was made.
Answered on Nov 06th, 2013 at 5:16 AM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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Hire an attorney that specialize in the area of trust disputes, such as our firm. You need to act quickly.
Answered on Nov 01st, 2013 at 6:41 PM
Edwin K. Niles
You should have the documents reviewed ASAP by an estate litigator.
Answered on Nov 01st, 2013 at 6:31 PM
Thomas Edward Gates
As a beneficiary, you can ask for an accounting. You can challenge the signature.
Answered on Nov 01st, 2013 at 6:31 PM
You can dispute the outcome if you believe she has exercised undue influence or perpetrated fraud. You should consult a probate attorney to review all of the facts and advise you.
Answered on Nov 01st, 2013 at 5:45 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain beneficiary litigation attorney to challenge your sister, by obtaining a copy of the trust to determine how the provisions read, and also an accounting of the assets.
Answered on Nov 01st, 2013 at 5:45 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Lawyer up now to investigate your options. Nationwide, billions of dollars are being stolen by fiduciaries misusing their powers. Be aware, though, that not all of these situations are theft or other forms of wrongful behavior; sometimes a person's goals and outlook do change as they get older, or changes long put off are done when the end is imminent. Only by carefully reviewing all the facts and circumstances can you be sure you know which is going on here.
Answered on Nov 01st, 2013 at 5:44 PM
You will have to prove that the signature was forged. Was it notarized?
Answered on Nov 01st, 2013 at 5:43 PM
As trustee of your late father's trust, your sister has a fiduciary duty to the beneficiaries of the trust. She should also be filing annual reports about the financial status of the trust. Contact an attorney about what kind of evidence you would need to bring a malfeasance suit.
Answered on Nov 01st, 2013 at 5:42 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You may have a cause of action but accusing her on just a suspicion will be the end of your family relationship. I would engage an attorney with the evidence you have and get an independent opinion of the situation before you tear apart the family. Trusts can be amended, and commonly are. Sometime the assets are spent rightfully. If she is in the wrong, is she collectable or are you going to be spending good money for no possible recovery?
Answered on Nov 01st, 2013 at 5:42 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Lots of unknowns, here. Signatures can vary, and it may be difficult to prove your allegations. Your best bet is to take what you have to an attorney and review all of the facts and evidence to see if you have a potential case.
Answered on Nov 01st, 2013 at 5:41 PM
Immediately contact an attorney specializing in estate and trust litigation. Do not delay, act today.
Answered on Nov 01st, 2013 at 5:41 PM
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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File a Petition in Probate Court to supervise the Trust administration. This will give you a proceeding where you can hold your sister accountable for her actions, including challenging whether your Father signed the amendment or, if he did, whether she exercised undue influence over him.
Answered on Nov 01st, 2013 at 5:40 PM