Re: New Will or old Will

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On 1/06/09, -- wrote:
> On 1/06/09, jeff2172 wrote:
>> My step dad passed Nov. 2007. His executor has Dementia,
>> also my mother has Dementia. We did not know of my mothers
>> will so we went to an attorney (myself, 2 of my brothers
>> and our mother) and I was elected to have power of
>> attorney for moms affairs. Our intent was to place mom in
>> a nursing home because she does need constant care. We
>> have 4th brother who begged me not to do so and said he
>> and his girl friend would take care of her and he was
>> worried about loosing his home since he lives in a house
>> she owns. We went to another lawyer that my 4th brother
>> knew to make him feel at ease with everything and to
>> insure him no one was going to take anything from him that
>> this was all for moms benefit. This new lawyer said we
>> needed a trust in the event of moms death her remaining
>> assets would be divided equally among the 4 of us. We
>> started having problems with this lawyer not doing the
>> succession and called me complaining that my mother was of
>> no use and could not give her any information for the
>> succession. I told her she knew that from the start and
>> she claimed that I did not tell her of moms dementia and
>> there for the trust is null but she claims to be the
>> executrix for my mom and warned that I should be very
>> careful on how I handle my moms money. We have found the
>> original 1994 Will that she made when she was competent
>> and we would like to enforce that Will. Is that possible?
>
> The most recent will which was correctly and compentently
> executed is valid. If your mother executed a valid will
> after the one in 1994 the subsequent will is what matters.
>
> You seem to use the term "will" and "trust"
> interchangeably. They are quite different instruments. You
> need to know what this lawyer is. Sounds like she is a
> trustee of some sort of trust formed by/for your mother.
> There are several types of trusts. If your mother has a
> trust you need to know what type of trust it is.
>
> Get your own attorney to look into it. It will be well
> worth the expense.

Yes it is a Trust. Even though she knew mom had dementia and I
had POA you say this Trust would still be a valid
instrument?