How Can You Keep Your Parent From Revoking a Trust

[igot5]

My question involves court procedures for the state of: Washington

We recently had a falling out with our father due to his irrational demands upon our personal lives, and his outright emotional abuse of both me and my sister. He is most likely using marijuana, as he has for the past 40 years. His drug use makes him extremely paranoid and delusional, seemingly irrational and angry. This makes me worry about his capacity to be Trustee of our inheritances. His mental condition is worsening, and his cognitive abilities seem to be degrading. This is leading him to make irrational decisions both concerning the Farms he runs, and in his family relationships (such threatening violence against my sisters boyfriend on multiple occasions, as well police action, and restraining orders against myself and my soon to be brother in law.

Because of these factors and events me and my sister both fear that my father will dissolve the trusts, leaving us with nothing. It is also possible he has been abusing the trusts, and merely using both them, and my sisters and I's name for tax purposes, and asset protection. He bought me out of my corporations stock for 250000 in 2009, and placed the 250k into the trust. He then rebought the corporation with the trust, leaving me with no control whatsoever of my company, and now without a job. I was an officer of the corporation and did not pay into L&I or unemployment, so I can not claim either of them.


My reputation has been damaged by both his slander, and my co-workers. It will be very difficult for me to find any gainful employment now, since my father tells those who call him that I am lazy, and worthless. I feel as though I have been both financially, emotionally, and socially damaged due to our personal and business relationships becoming one and the same. We can not seem to seperate business from personal disputes, and this is causing me much stress and frustration. He kicked me out of my house, fired me, made false accusations and police reports containing hearsay and fantasy. My girlfriend and child however still live at his extra house he let me live in, but I am not allowed to set foot on his property. This is where everything I own is located, as well as my family, I will no doubt disregard his total lack of common decencey regarding my posessions and family and do what I must to see that they are taken care of.

We get the assets of the trusts when we turn 40 according to our father, we are twins that are 28 now. 12 years from now may leave us out of the will and with no trust. He has threatened before to auction the farm, sell the equipment, and dissolve the corporations and trust. My father has remarried and is giving his wife [...] control of the trusts upon his death, as well as the corporations contained within the trusts. This means she will run the farms, and our trusts. I do not have either faith nor trust in this woman, and would not be secure in the knowledge that she held the keys to the legacy that is our 4th generation farm. The [...] have farmed the [...] in [...] Washington for over 120 years, I do not want to see that legacy ended due to my fathers degrading mental stability. It is sad to say it, but if he continues to decline in health, he will soon not be able to fulfill his obligations to the farm.

[aaron]

Do not put real names in future posts, or you will be banned.

[Mr. Knowitall]

If the trusts are the creation of your father, they're not "our inheritances". You don't inherit from your father until after he dies. If we're talking about revocable living trusts that your father created, as long as he remains mentally competent he can revoke them.

If the trust are some form of irrevocable trust, your father cannot revoke them. If that's the case, the actual issue is not revocation - it's whether he's properly managing the trust assets. If this is what we're talking about, what do the trusts say about the beneficiaries' rights to request and obtain accountings? What accountings have been requested or provided, and do they support your concerns? And if we're talking about irrevocable trusts, how did your stepmother become designated to be the successor trustee? Was that done at the inception of the trust?

Why would you agree to sell your business to your father, then let him keep the money? What's the actual story?

Why would your (former?) co-workers believe you're lazy on your father's say-so, when they can look (could have looked?) right at you and see for themselves how hard you work?

Your father is not obligated to leave anything to you out of his estate, either by will or trust. You have no right to inherit his money if he chooses to leave it to somebody else.