Stafford, VA asked in Elder Law, Probate and Estate Planning for Virginia

Q: Suspect Trust having funds dispersed illegally. CA Orange County trust but I'm in VA and executor in Seattle. What to do

Stepmom/Bio Dad created Joint Trust in 2004. Stepmom began making changes to Trust in 2018/19 while Dad having dementia. Wouldn't say what she did . She died in 2020. Financial POA went to elder twin daughter of stepmom. She wouldn't give any info. Then she died in 2022. Now younger twin sister has financial POA and has given basic info but not all info I'm asking to clear up the situation. She has now moved and hasn't provided her new address. Stepmom used bookkeeper that also has refused to provide information. But in 2020, I was able to get my Dad to sign a financial POA to me. But I don't know how to proceed to find out his financial affairs and make sure he hasn't had money stolen over the years. I fear he had a lot in stocks that the stepmother sold and had the funds transferred to her. I fear he will run out of money and be penniless in a few years. He's 93 now but doing well enough to live longer I hope. He is in CA but I'm in VA and stepsister is in Seattle.

1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Estate Planning Lawyer
  • Potomac, MD
  • Licensed in Virginia

A: There is no competent way such specifics can be resolved in an Internet forum outside of privilege and without reviewing the trust documents. Start with a lawyer in your state, and, if it turns to litigation, you might need counsel that has jurisdiction over the trust or the trustee in California or Washington State.

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