‘After suffering elder abuse by two siblings, she moved in with me a year ago, and is now under professional guardianship/conservatorship.’
My mother created a trust and a will in 2013, creating the distribution of equal shares of her substantial estate between myself and my three siblings upon her death. Her estate includes financial accounts and several properties.
“ ‘One of my siblings has cut off communications with our mother altogether. Another one visits regularly, but it’s really spying on behalf of the other two.’ ” I’m torn. Should I help her? I don’t blame her for how she feels. It seems obvious what they’re really after is her estate. For nearly a year they wouldn’t let me near her, knowing we’ve always been close. They also conspired to have me written out of her will. Fortunately, her attorney recognized their undue influence and refused to do so.
You don’t give details on the nature of the current litigation, but I assume your siblings have made efforts to wrestle control of your mother’s trust and estate, and have challenged the existing conservatorship. This is not an uncommon sequence of events when siblings are at war, and when an ailing parent owns a sizable estate. To prove testamentary capacity, you will have to access medical records, and enlist the help of doctors, nurses, psychiatrists and/or neurologists.
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