Need an estate planning attorney to manage difficult siblings
I have an elderly mom with cognitive and other chronic health issues.
I am her POA and successor trustee for her trust.
I spend a lot of time caring for her and managing her medical care, finances, supportive care at home, etc. I have taken medical leave to care for her
My siblings refuse to help care for her in any way
I am looking for an attorney who can help me figure out how to handle my siblings and their spouses (at least one of whom is hoping our mom dies soon so she can get an inheritance). Our mom does not have a lot of money, but does own a property.
Thanks in advance for any suggestions.
Dec 18, 2023
Parent Replies
It's not clear what "manage" your siblings means in this context, but perhaps the type of professional you need depends on who the trust's beneficiaries are. Are you worried the siblings will challenge the terms of the trust? Or you or your mom want to amend the terms of the trust to remove the uncaring siblings? I will say that in my experience, if the elderly parent has "cognitive" issues, you may be leaving yourself open to claims of undue influence if the trust changes at this point; on the other hand, it all depends - a little forgetfulness is a different story that a diagnosis of any form of dementia. You could start with the lawyer who wrote the trust and go from there (if not them, perhaps they can recommend someone).