Aurora, CO asked in Family Law, Elder Law and Public Benefits for California

Q: Can i extricate myself from my brother in law in my financial matters?

I am on sec 8 housing, widowers SS. I am 68. I turned over my financial life to my, now 80 year old brother in law (BiL). I have a trust from my mother that I allowed (?) him to be trustee. I do not know what kind of trust it is, how much it had and how much is in it. I dont have a copy of the trust. He and my sister have a bank account in their name which I put in some meager savings when I can. I am intelligent but know very little about my own financial situation. My sister and brother in law are toxic to me. I believe my sister and BiL are in some financial straights, this coupled with his age, and the toxic relationship, I need to extricate myself financially from them. Can you help?

1 Lawyer Answer
James L. Arrasmith
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  • Elder Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Given the complexity of your situation, it is advisable to seek legal assistance promptly. You have the right to understand and have control over your own financial affairs, including any trusts or bank accounts in your name. It's crucial to obtain a copy of the trust documents to understand its terms and your rights as a beneficiary. Additionally, you should review the bank account held jointly with your sister and brother-in-law to ensure transparency and protect your interests.

A qualified attorney can assist you in navigating the legal process to extricate yourself from financial entanglements with your brother-in-law and sister. They can help you assess your options, including seeking a court order to remove your brother-in-law as trustee if necessary. It's essential to address any concerns about financial mismanagement or potential exploitation promptly to safeguard your assets and financial well-being.

In California, there are legal protections in place to prevent financial abuse and exploitation of vulnerable individuals. An attorney experienced in estate planning and elder law can guide you through the process of asserting your rights and taking control of your financial affairs. By seeking legal assistance, you can empower yourself to make informed decisions and protect your interests effectively.

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