My father has a well-known psychological condition known as borderline personality disorder which typically leads among other things, to lifelong patterns of manipulative behavior toward loved ones, as well as other kinds of emotional and physical violence.
Predictably, for the last 9-10 years, he has been using his estate-planning process to express his views on which of his two offspring is more deserving, and playing one sibling against another.
My father and I both live in a South American country (country in which holds sole citizenship), though we haven't spoken for several years, though I have made myself accesible to be contacted if needed by him or his wife.
My brother lives in the U.S. (both he and I have dual U.S./foreign citizenship).
The South American country's law strictly prohibits a parent from disinheriting any offspring. Typically an estate is divided into 50% for a spouse if one exists, and the rest is divided among the children of the deceased.
Most of this estate is invested in U.S. stocks via a brokerage account, and recently my father has been in talks with my brother to make him the executer of a living trust (written in the U.S.) in which my father's current wife, my brother and his children will be sole beneficiaries, excluding me and my children.
My question is:
1. how can I contest this arrangement and exercise the law of the land where my father resides and will probably be deceased in, vs. the law in the country where he simply happens to have his investments?
2. if this is possible, how might I locate the accounts / documents involved in order to contest assuming that my brother won't share this info?
Predictably, for the last 9-10 years, he has been using his estate-planning process to express his views on which of his two offspring is more deserving, and playing one sibling against another.
My father and I both live in a South American country (country in which holds sole citizenship), though we haven't spoken for several years, though I have made myself accesible to be contacted if needed by him or his wife.
My brother lives in the U.S. (both he and I have dual U.S./foreign citizenship).
The South American country's law strictly prohibits a parent from disinheriting any offspring. Typically an estate is divided into 50% for a spouse if one exists, and the rest is divided among the children of the deceased.
Most of this estate is invested in U.S. stocks via a brokerage account, and recently my father has been in talks with my brother to make him the executer of a living trust (written in the U.S.) in which my father's current wife, my brother and his children will be sole beneficiaries, excluding me and my children.
My question is:
1. how can I contest this arrangement and exercise the law of the land where my father resides and will probably be deceased in, vs. the law in the country where he simply happens to have his investments?
2. if this is possible, how might I locate the accounts / documents involved in order to contest assuming that my brother won't share this info?
Trusts: How to Contest a Foreign Trust Holding U.S. Property
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