Can a beneficiary of a living trust protect their interests while the settlor is still alive?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a beneficiary of a living trust protect their interests while the settlor is still alive?
We live in Australia. My husband is the oldest of 4 siblings. His 93 year old mother lives in care in the US where she has been a permanent resident since the 1950s. His mother’s affairs are managed by the youngest daughter. It appears there have recent major changes to her Living Trust that now apportions the majority of the potential estate to the 2 youngest siblings. Previously, and when the father was still alive, there was an equal split among the 4. Is there anything my husband can do to protect his interest?
Asked on May 5, 2012 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
From the way that you have phrased this question it appears that your mother in law is elderly and that she may be frail or losing her senses and that she may be being unduly influenced to change the legal documents that were in place for so long. Unless that is the case a parent can do as they please and even disinherit children. The other sibling that stands with you husband, where is he or she? Maybe checking on Mom at this point is a good idea. Obtaining guardianship or conservatorship may not be an option because of where you are. You may have to wait to challenge until she passes. I would consult with an attorney n the states. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.