Q: Follow up
Thank you, Mr. Gaffney. So then my hope that the original trust from the 70s or 80s might be valid isn't a possibility? And because I didn't try to prove my father's inability to be of sound mind in 2002, that point would be mute? My understanding is that when she dies I should have access to the current status. Who should I contact at that time? Thank you again.
A:
The original trust might still be the controlling one if your dad did not have the capacity to change it. But maybe that trust gave your mom that authority if your dad was no longer able. You really have to see the trusts and read them, and compare that to your dad's health.
When your mom passes away, the new trustee should give you a copy of the trust when you ask. Do you know who that is? Mom should have her original trust either with her or her attorney, and the successor trustees should have a copy.
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