Re: New Will or old Will

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On 1/07/09, jeff2172 wrote:
> 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?

You can challenge it but you will need the advice of an
attorney from your jurisdiction. Also, remember that the will is
not revoked by the trust, so the will is still in effect.
However, your mother's assets may be all bound by the terms of
the trust beyond the scope of the will. She may not have any
personal property (as opposed to trust property) left to transfer
in her will.

You cannot get the kind of advice you are seeking on a public
chat board. Serious advice would require knowing all the facts
of your situation including copies of all relevant documents.
You don't want to put all that on a public chat board or even in
a private email.