Q: Can someone that is not the next of kin create a trust and have the person with dementia and dying sign trust
An elderly lady that had dementia had recently died. Her spouse died approximately 10 years earlier. The next of kin is her first cousin.
A niece of the deceased husband that is not a blood relative has some how made herself a trustee on the elderly lady’s property 2 months before she died.
The first cousin recently lived in the property with the elderly blood relative, but was forced to move out because he was getting sick from the fumes in the house. Less than 2 weeks later the elderly lady, his cousin, dies of a heart attack.
The first cousin was never contacted and informed that a trust was being created with his blood relative ( the elderly lady). He is legally the person that is supposed to be inheriting his cousin’s properties.
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.