Can She Do This?

**goatsrus** · 02-05-2007, 01:56 PM

I am in California and my elderly mom has a sizable trust for my sister and I to be divided equally, and my sister is the executer. If mom has to go into nursing care what keeps my sister from transferring all of moms funds into her name thusly omitting me from the trust? Can she do this? I can feel it coming since suddely sister has taken controll of mom and is non commuicative with me. If she does it do I have any recourse? Thanks

**seniorjudge** · 02-05-2007, 01:59 PM

Your sister is not the "executer", she is the trustee.

You would have to read the trust to answer your questions.

What does the trust say about this?

**aaron** · 02-05-2007, 02:02 PM

You're speaking about the possibility that your sister would transfer funds out of the trust? With or without your mother's permission?

**BlondiePB** · 02-05-2007, 02:55 PM

Another question...Is there a trust checking account?

**goatsrus** · 02-05-2007, 04:18 PM

I think I was unclear in my original post. My mother has cash and investments in the bank and owns her home outright.It amounts to over a million dollars. She told me that she had a lawyer draw up a living trust type will to avoid probate and so that the money be devided between my sister and I when she dies. MY question is what if before she dies she willingly transfers the home and the bank accounts into my sisters and her husbands name so that my mother can receive aid in nursing home care, then when she dies all the money will be in my sisters name. At that point do I have any legel rights? This is a distinct possibility as my sister has moved my mother to her town and has taken all responsibilty for her care and has shut off communication with me. Thanks

**aaron** · 02-05-2007, 05:32 PM

If the assets have not been transferred into the trust, or the trust is revocable and she chooses to revoke it, and she's of sound mind... it's her money to do with as she likes. If something happens, it may be possible to later attempt to make a claim of undue influence.

**lwpat** · 02-05-2007, 07:42 PM

I think I would start visiting Mom on a regular basis and find out what is going on. See if she will give you the name of the attorney so you can get a copy of everything.

**colourfastt** · 02-09-2007, 03:32 PM

Quoting goatsrus

I think I was unclear in my original post. My mother has cash and investments in the bank and owns her home outright.It amounts to over a million dollars. She told me that she had a lawyer draw up a living trust type will to avoid probate and so that the money be devided between my sister and I when she dies. MY question is what if before she dies she willingly transfers the home and the bank accounts into my sisters and her husbands name so that my mother can receive aid in nursing home care, then when she dies all the money will be in my sisters name. At that point do I have any legel rights? This is a distinct possibility as my sister has moved my mother to her town and has taken all responsibilty for her care and has shut off communication with me. Thanks

Have a talk with an estate planning attorney about this, if your mother transfers all or most of her assets out of her name into someone else's and then applies for Medicaid it's possible that Medicaid will disallow payment for care.