Should I attempt removing my brother from the list of irrevocable trust beneficiaries to honor my mother’s wishes or just leave it alone?

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Should I attempt removing my brother from the list of irrevocable trust beneficiaries to honor my mother’s wishes or just leave it alone?

I am the trustee of a simple irrevocable trust. My parents were co-owners. My father died. My mother is incompetent due to advanced dementia. I am her personal rep with DPOA for 10 years. Prior to being incompetent, she removed my eldest brother from her Will because he sued her. My eldest brother is still a named beneficiary of the irrevocable trust. I have competing interests or “conflicts of interest” being both trustee of the trust and her personal rep. I am also a per stirpes beneficiary of the trust.

Asked on August 8, 2012 under Estate Planning, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

When did your Mother express these wishes and why did she not do this herself when she removed him from the WIll? I think that you are wise to know that you should not act at this point in time because of the many fiduciary positions that you hold and with out bringing those documents to an attorney to review.  Good luck.


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