Q: What can we do to stop my brother from stripping the trust and providing inadequate care for my father?
My parents set-up a trust and made wills before my mom died naming my brother and sister as co-executors. My brother has always been a liar and a thief which my mother knew and the reason she wanted my sister involved. Once my mom died, my brother managed to systematically cut my sister out and now he has control of everything. He is spending the money like it's his own and my dad has no idea. The attorney said my father did this of his own volition, but he was already exhibiting signs of dementia. Additionally, my dad should not be living alone but my brother will not put him in a nursing home where he would be safe or agree to have him live with my other sister. He doesn't want anyone to question what he does with respect to care or financially. He pays people to come in a few hours/day and they will only answer questions asked by my brother regarding his care. What can we do? We don't have the resources for an attorney. We all live in Westerville, OH but my father lives in Carey, OH
A: You need an attorney to help you to file a claim in probate court to determine if the brother is wrongfully using your father's assets. If you really cannot afford to get an attorney, then contact your local senior services agency.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
