QUESTION
Fight a trust. Mother had dementia, joint Acct with daughter, can you fight a trust if it is not how she wanted it.
Asked on Mar 11th, 2021 on Wills and Probate - Michigan
More details to this question:
Mother had dementia. joint acct with daughter $250k (me), non biological son some how became POAFin and real son POAMed. Now stating I get nothing $. But China set and annuity. She had joint acct with biological son $280k. They kept me from her. She died and had covid but then tested negative. Parents were divorced in 1978. She never adopted my 4 older siblings. She is from Japan no relatives but me and my real brother. Her intention all along as she told me was for the two accounts to be for me and my brother. I was taking care of her a year and paying her bills. And she helped me financially the last 5/6 months as I was laid off and in bankruptcy. And seeking elder attorney help. Then non bio son says no don’t see atty. until He arrives in town. He took money out of acts. They kept me from herOnly they get the money. Estate split with nonbiological ex step kids. I argued her wishes were to help me bc I was helping her daily and to keep joint accts. So then they kept her from me.
1 ANSWER
2 Awards
Unlike your immediate previous posting, here you seem to want to contest a trust because your mother had dementia. To show that her dementia was so advanced that she lacked legal capacity to create or amend the trust agreement when she did so, you would need detailed medical records from that time. Only the executor of her estate is entitled to those records. If there is something which was not in the trust, her estate will have to be probated (proved) and an executor appointed by the courts. You can then hire an attorney who does fiduaciary litigation to require the executor to obtain and bring the medical documents to a deposition (a questionning before a court reporter). It could cost you $20-30,000 to get to the point at which your lawyer could determine whether or not the medical documents contain evidence tending to prove that your mother lacked legal capacity to create or amend the trust when she did so. Please keep in mind that even people who have so little legal capacity that they are under a guardianship often have the legal capacity to make a Will and, to the extent that a trust is a Will substitute, may also have the legal capacity to make or amend a trust.
Answered on Mar 12th, 2021 at 5:25 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.