Dayton, OH asked in Estate Planning for California

Q: Thank you, Mr. Gaffney. It is an odd situation.

The plain answer is I don't know. That's why I called for a wellness check and Adult Protective Services. Last week I learned of her having signs of dementia a year ago. It was expressed to me by a family member that she may pass and no one finds out, and he would continue to collect her social security checks. That's the horrible truth of what family thinks of him. If he has mistreated her, I will certainly step in and see that she receives proper professional care. As it stands, she has always been very close to my brother. And if he is taking good care of her, I believe that would be her first choice. He has lived in our parents home with her most of his 62 years (He has no impairments). Thank you again. I am eagerly awaiting a report from Adult Protective Services to see where that stands. And, I will contact the trust company when the time comes. Thank you so much for your advice. I am sorry it's such an ugly situation.

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1 Lawyer Answer

A: Also look out for "undue influence" in changes to the Will or Trust, leaving everything to the brother. It may be reasonable if he took care of her, and if he is the neediest, but it can also be taking advantage of a sick old woman. Just keep an eye out.

1 user found this answer helpful

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