My father set up a Revocable Living Trust several years ago, prior to that he had just a will with myself as Executor. Due to issues in the past, he was afraid my brother would cause me a lot of issues so he set up a Living Trust instead with myself and my sister as Successor Trustees. He had everything split into thirds (his entire estate I would estimate is about $500,000) with the exception that my brother would have $44,000 deducted and distributed to my sister and I once his house was sold. This was due to cars my brother had gotten from my Dad and never paid him back for them.
My Dad also had in the trust that if anyone contested any part of it, they would be removed from the trust (again because of the issues he knew my brother would cause).
Last July, at the age of 87, my Dad had back surgery and had to go into a rehab center, then in October after he got home he fell and broke his back which put him back in rehab. His mind totally changed at that point and it became clear he would need 24-hour care when he got out. My brother and his wife offered for him to come live with them to help him get stronger. This was out of the "goodness" of their hearts but then it became a money thing with my Dad agreeing to pay $1200.00/month as a caretaker paycheck to my sister-in-law plus any additional expenses incurred. My brother had only seen Dad 2 or 3 times in over ten years, one time to get his car. He went to stay with them on 11/28/16.
My Dad has a house in Mooresville, NC and my brother's house he went to is in N. Myrtle Beach, SC. My Dad had asked me to handle his finances, pay the bills etc before he went down there. Within the first week, they had already taken him to the bank and had his bank records changed, moved money out of checking to savings and changed his address on his bank records to South Carolina.
Also within one week of going down there, Dad was wanting to change his trust and remove the part about my brother paying back the money for the cars. Keep in mind, my brother is the reason he set up the trust in the first place because he knew he would cause issues. I tried to warn Dad that they will try to take everything he has but Dad said that would not happen, just the change regarding the $44,000 for the cars which he certainly had a right to change. We did not send a copy of the Living Trust to him because this was not my Dad talking, not if his mind were right because he knew my brother and the problems he would cause. I asked that they take him to a Neurologist, they refused to take him but my Dad was so confused and saying things that just made no sense.
My Dad passed away 1/27/17 in the hospital. He had stroke New Year's Eve and in and out of the hospital since that point. Two days before he passed away, while in Intensive Care and after my brother was told he had days or weeks to live, my brother got a new Living Trust drawn up or else an amendment made placing him as Successor Trustee and had my Dad sign it and had it notarized. I did not find this out until my brother told us just minutes after my Dad passed away.
My brother also said Dad agreed for HIM to allocate all distributions from the trust (in other words he will take it all). He is refusing to give me a copy of it. This is not about money but about what is right. I would rather my Dad had spent every dime he had enjoying life than have his wishes trampled on when his mind was not the same. Do I have any legal recourse?? I'm just at a loss because my father would have NEVER done that in his right mind. Thank you for any advice you may offer.
My Dad also had in the trust that if anyone contested any part of it, they would be removed from the trust (again because of the issues he knew my brother would cause).
Last July, at the age of 87, my Dad had back surgery and had to go into a rehab center, then in October after he got home he fell and broke his back which put him back in rehab. His mind totally changed at that point and it became clear he would need 24-hour care when he got out. My brother and his wife offered for him to come live with them to help him get stronger. This was out of the "goodness" of their hearts but then it became a money thing with my Dad agreeing to pay $1200.00/month as a caretaker paycheck to my sister-in-law plus any additional expenses incurred. My brother had only seen Dad 2 or 3 times in over ten years, one time to get his car. He went to stay with them on 11/28/16.
My Dad has a house in Mooresville, NC and my brother's house he went to is in N. Myrtle Beach, SC. My Dad had asked me to handle his finances, pay the bills etc before he went down there. Within the first week, they had already taken him to the bank and had his bank records changed, moved money out of checking to savings and changed his address on his bank records to South Carolina.
Also within one week of going down there, Dad was wanting to change his trust and remove the part about my brother paying back the money for the cars. Keep in mind, my brother is the reason he set up the trust in the first place because he knew he would cause issues. I tried to warn Dad that they will try to take everything he has but Dad said that would not happen, just the change regarding the $44,000 for the cars which he certainly had a right to change. We did not send a copy of the Living Trust to him because this was not my Dad talking, not if his mind were right because he knew my brother and the problems he would cause. I asked that they take him to a Neurologist, they refused to take him but my Dad was so confused and saying things that just made no sense.
My Dad passed away 1/27/17 in the hospital. He had stroke New Year's Eve and in and out of the hospital since that point. Two days before he passed away, while in Intensive Care and after my brother was told he had days or weeks to live, my brother got a new Living Trust drawn up or else an amendment made placing him as Successor Trustee and had my Dad sign it and had it notarized. I did not find this out until my brother told us just minutes after my Dad passed away.
My brother also said Dad agreed for HIM to allocate all distributions from the trust (in other words he will take it all). He is refusing to give me a copy of it. This is not about money but about what is right. I would rather my Dad had spent every dime he had enjoying life than have his wishes trampled on when his mind was not the same. Do I have any legal recourse?? I'm just at a loss because my father would have NEVER done that in his right mind. Thank you for any advice you may offer.
