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Revocable trust problemRevocable trust problem

Civil »Posted 17 Nov 2019 Post Answer

legal question Hi, my father in law had some problems with his girlfriend(s) taking excessive liberties with his ATM card. It was then brouhjt to the attention of the public guardian which triggered an investigation and their expressing a desire to file a petition to establish a conservatorship. Unbeknownst to them, his assets were already secured by a revocable living trust naming his daughter as successor trustee. This would of course excuse the court from exercising jurisdiction over those assets and establishing such an arrangement and the trust would be executed in essence. Now, his attorney helped him with this process and executed his resignation as trustee, but at some point during this time he convinced him to appoint a private fiduciary (his personal friend we found out) and through his undue influence, persuaded him to sign a durable power of attorney and an amendment to the trust making the fiduciary co trustee. He then further amends the trust making the fiduciary exclusively in control of all finances and trust assets and, in bad faith, makes himself the only one with any legitimate power over health care and financial matters. My father in law was manipulated by both his attorney and the fiduciary who both told him and his daughter that if they didn't go along with the new trust terms the county would take his house and force him to go to a nursing home. What can I do? Money for an attorney is not available. Need help with the revocation of POA and amending or revoking the trust to get rid of the fiduciary.


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