Brother Trustee Used Money in Trust

by reggie

My parents put their property/home (California) in a living revocable trust. My father died. It passed to my mother. Upon my father's death my brother (successor trustee) put my mother in a nursing home and sold my parents home.

After the sale of the home my brother moved my mother to another state without telling me. I have learned that my mothers nursing home care cost was covered by Medicaid in Missouri.

When asking my brother about where the money went when selling the house that would have been adequate he claims he used it to build his new home, and that I had no claim or rights to anything because my name was not on the trust.

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Mar 21, 2012
Brother Used Trust Money
by: Mo Johnson

Hi, interesting situation. Without seeing the trust, it's impossible to say -- but -- normally you and your brother would both be beneficiaries. Normally, as trustee he'd have power to do things with the trust, but only things necessary to support your mother -- not to spend on his personal support. So, that's a big issue potentially.

You should ask for a copy of the trust. Some states now provide that children have such a right when their parents pass away. I discuss this more at how can I see what a living trust says?.

If your brother won't cooperate, you should talk to an estate planning attorney. Actually either way that's a good idea. Of course, I don't know all the facts of your case or law of your state and can't give you advice myself.

Good luck.

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